Legal Opinion

Lee v. An

California Court of Appeal

Decided November 19, 2008No. B202186PublishedCited by 30 opinions

1Opinion of the Court

Opinion

EPSTEIN, P. J.

Ji Hae An appeals from an order denying her motion to vacate a default judgment. She claims she was not given notice that the court would consider imposing terminating sanctions against her for failure to appear at a case management conference. Absent the requisite notice, she claims the court had no jurisdiction to strike her answer and enter her default. For this reason, she claims the judgment was void and subject to being set aside at any time pursuant to Code of Civil Procedure section 473, subdivision (d). We conclude that the judgment was voidable, not void, and…

2Cases cited10 opinions

  1. Abelleira v. District Court of AppealCalifornia Supreme Court · 1941
  2. Barquis v. Merchants Collection Assn.California Supreme Court · 1972
  3. Rappleyea v. CampbellCalifornia Supreme Court · 1994
  4. People v. American Contractors Indemnity Co.California Supreme Court · 2004
  5. Dill v. Berquist Construction Co.California Court of Appeal · 1994

5 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Rodriguez v. Nam Min ChoCalifornia Court of Appeal · 2015
  2. Talley v. Valuation Counselors Group, Inc.California Court of Appeal · 2010
  3. Airs Aromatics, LLC v. CBL Data Recovery Techs., Inc., California Court of Appeal, 5th District2018
  4. Dhawan v. BiringCalifornia Court of Appeal · 2015
  5. Pulte Homes Corp. v. Williams Mechanical, Inc.California Court of Appeal · 2016

25 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API