California Court Erred to Enter Judgment Concerning Property Title without a Proveup Hearing
P brought a quiet title action concerning a real property. D failed to answer or respond, and on P's request default was entered against D, and P submitted default prove up package. D's counsel appeared at case management conference and indicated they wish to bring a motion to set aside default. However, the court did not provide any time extensions and shortly thereafter entered judgment based on P's written prove up materials. Held: California Code of Civil Procedure section 764.010 requires the court to hold an evidentiary hearing for judgment affecting property's title.
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I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.
I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.
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