Legal News and Appellate Tips

Each week, TVA appellate attorney Tim Kowal reviews several recent decisions out of the appellate courts in California, and elsewhere, and reports about the ones that might help you get an edge in your cases and appeals.

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Tag: Default Judgments

Default Judgment Set Aside on Showing of Merit, Excuse, and Diligence; and a Comment on Civility

While the parties were clearing up their eviction matter, the tenant-plaintiffs in Mayorga v. Mountview Props. Ltd. (D2d5 Apr. 9, 2021) no. B298284, noticed that landlord-plaintiff had not answered their complaint. So they pounced: they took landlord's default, and got a default judgment of nearly $500,000.
Landlord got the default judgment set aside, which was affirmed on appeal.
But landlord's attorney did his client no favors by his heated rhetoric, referring to appellants' “sloth and stealth” and their purported “extreme lack of hygiene” among other things.

But, an apology goes a long way, so in addition to still prevailing on appeal, the respondent with the forked-tongued attorney still got their costs on appeal.

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Missed the Deadline to Seek Attorney Fees? Post-Judgment Fees Are Still Available

Failing to timely seek fees after judgment does not forfeit the right to seek postjudgment fees, holds the Second District, Division Six in Vincent v. Sonkey (D2d6 Dec. 29, 2020) No. B293251. […]

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A DEFAULT JUDGMENT WAS ENTERED AGAINST YOU WITHOUT YOUR KNOWLEDGE. WHAT CAN YOU DO?

In today's litigious society, parties are quick to sue others but, due to the demands of life, defendants will oftentimes overlook...

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