Tai Chen v. De La Cruz

Plaintiff filed a pro se complaint alleging damages for breach of contract by defendant. Defendant filed an answer and a motion for summary judgment but failed to appear on the date set for trial, and the court entered a default judgment. The court denied defendant’s petition to vacate the default judgment, and defendant appeals.

The sole issue for review is whether the court erred by denying defendant’s section 72 petition to vacate the default judgment.

We reverse.

On December 21,1976, plaintiff filed an action in the pro se branch of small claims court alleging breach of contract by…