Trial court order denying defendants’ application under Code of Civil Procedure sec. 4731 to vacate a default judgment is reversed and remanded where: 1) defendants’ appeal is timely; and 2) the trial court erred in denying defendants’ motion to vacate as defendants’ failure to answer and prevent the entry of their default was caused by their counsel’s neglect and they substantially complied with the requirement to submit a proposed answer with the motion.
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Appellate InformationAppeal from a judgment of the Superior Court of Orange County, Randell L. Wilkinson, Judge. Reversed and remanded.FOURTH APPELLATE DISTRICT, DIVISION THREEFiled May 27, 2009Modified and Published June 26, 2009
JudgesBefore ARONSON, J., BEDSWORTH, ACTING P.J., FYBEL, J. Opinion by ARONSON, J.
CounselFor Plaintiff: Rogers, MacLeith & Stolp and Thomas J. Stolp. For Defendant: Law Offices of M. Candice Bryner and M. Candice Bryner.
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