Monsan Homes, Inc. v. Pogrebneak

Opinion

BRAUER, Acting P. J.

The trial court entered appellant Dennis Pogrebneak’s default and a default judgment against him in an action brought by respondent Monsan Homes, Inc. The underlying action prayed for declaratory relief and to quiet title and arose out of a contract by Pogrebneak to purchase a tract of land in Salinas from Monsan Homes for the price of $635,000. Pogrebneak brought a timely motion for relief from default under Code of Civil Procedure section 473 (hereafter section 473). The trial court denied the motion, finding the neglect of counsel in permitting the default to be…