Harbour Vista v. HSBC Mortgage Services Inc.

ARONSON, J., Concurring and Dissenting.

I concur with the majority’s conclusion the trial court prejudicially erred by entering a default judgment against defendant and appellant HSBC Mortgage Services Inc. As the majority explains, Code of Civil Procedure section 764.010 unmistakably prohibits entry of judgment by default in quiet title actions.1 Accordingly, I agree with my colleagues that we must reverse the default judgment and remand the matter to the trial court for further proceedings.2

I dissent, however, from the majority’s conclusion that a defendant in default may present evidence or…