Puryear v. Stanley

Opinion

PUGLIA, P. J.

Defendant Mark Stanley appeals from an order denying his motion to set aside a default and default judgment. The motion was noticed within six months of entry of default but was defective in that it was unaccompanied by a proposed answer or other responsive pleading as required by Code of Civil Procedure section 473. The single issue on appeal is whether that defect may be cured after the six-month period has expired within which such motions must be brought. We hold that it may not.

On August 19, 1981, plaintiff filed a verified complaint alleging that defendant, a…