558 P.3d 590
Cal.2024Background
- California Capital Insurance Company obtained a default judgment against Cory Hoehn after a fire at his apartment in 2009, allegedly caused by negligence.
- Hoehn was served via substitute service, but later attested he never received notice, and the person served was not a cohabitant.
- Default judgment for over $480,000 entered in 2011; Hoehn discovered judgment only in 2020 after wage garnishment.
- Hoehn moved under Code Civ. Proc. § 473(d) to vacate the judgment as void for lack of proper service; trial and appellate courts denied relief as untimely, citing a two-year limit derived from case law.
- The Supreme Court granted review to resolve whether the two-year limit applies to motions to vacate judgments void for improper service when extrinsic evidence is needed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a motion to vacate a judgment as void for lack of proper service under § 473(d) subject to a two-year limit? | Rogers rule: analogize to § 473.5, so must move within two years if judgment is not void on its face. | No express time limit in § 473(d); right to challenge void judgments should not be so restricted. | No two-year limit; § 473(d) motions to vacate void judgments for improper service are not time-barred. |
Key Cases Cited
- Peralta v. Heights Med. Ctr., Inc., 485 U.S. 80 (1988) (due process requires notice before a final judgment, regardless of whether a meritorious defense exists)
- Dill v. Berquist Construction Co., 24 Cal.App.4th 1426 (Cal. Ct. App. 1994) (default judgment is void where service is not in compliance with statutory requirements)
- Trackman v. Kenney, 187 Cal.App.4th 175 (Cal. Ct. App. 2010) (articulated application of two-year limit for challenging default judgments for improper service)
- Rogers v. Silverman, 216 Cal.App.3d 1114 (Cal. Ct. App. 1989) (announced two-year analogized limit for such motions—here abrogated)
- County of San Diego v. Gorham, 186 Cal.App.4th 1215 (Cal. Ct. App. 2010) (vacated default judgment as void nearly ten years post-judgment due to lack of proper service)