California Court of Appeal

In an action arising out of a negative credit report mark based on a defaulted car lease, an order setting aside default judgment in favor of plaintiff, based on defendants' unopposed claim of extrinsic fraud/mistake, and order reaffirming decision after motion to reconsider, are reversed where: 1) defendants failed to give proper notice of motion to vacate the default judgment; and 2) in reaffirming the set aside order, the court improperly placed the burden of proof on plaintiff rather than on defendants. Defendants' motion to dismiss appeal and for sanctions are denied.

Appellate Information

• Decided 07/27/2006
• Published 08/25/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Yevgeniya G. Lisitsa and Yevgeniya G. Lisitsa for Plaintiff and Appellant.


• For Appellees:
  
• M. Candice Bryner, Irvine, for Defendants and Respondents.