Sporn v. Home Depot USA, Inc.

Opinion

RYLAARSDAM, Acting P. J.

Defendant Home Depot USA, Inc., appeals from an order denying its motions to set aside a default and the resulting default judgment in favor of plaintiff Alan R. Spom. We agree with the trial court that the motion for relief from default was untimely and affirm the order. We deny plaintiff’s motion to dismiss the appeal and grant his motion for sanctions.

FACTS AND PROCEDURAL HISTORY

Plaintiff sued defendant and “John Doe” on August 14, 2002 for negligence, gross negligence, theft of identity, fraudulent misrepresentation, and fraud. The gist of his complaint is…