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GOLDBERG LEGAL GROUP


7545 Irvine Center Dr. Ste 200
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Irvine, CA 92618 (714) 989-7298
2
RE: Taylor,Travis
3
JUDGEMENT ENTERED IN
4 ON JUNE 8TH, 2018 AT L 72
#14P000911
5

8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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10 FOR THE COUNTY OF ORANGE

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12

13 ) CASE NO. 14P000911


Travis Taylor,
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Petitioner,
15 ) NOTICE OF MOTION AND MOTION
) TO VACATE DEFAULT AND
16
v. ) DEFAULT JUDGMENT;
17 ) MEMORANDUM OF POINTS AND
Katrina Santos ) AUTHORITIES; DECLARATION
18
Respondent), OF TRAVIS TAYLOR; EXHIBITS
19

20 ) DATE: 6/11/2018
21 ) DEPT: L72
) JUDGE: Palifax
22

23
TO RESPONDENT KATRINA SANTOS AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE; REGARDING DEFAULT JUDGEMENT ENTERED ON JUNE 8, 2018.
24 MR.TAYLOR MOVES THE COURT TO SET ASIDE THE JUDGEMENT ENTERED
AGAINST HIM, AND TO GRANT HIM LEAVE TO FILE HIS PROPOSED MOTION TO
25
QUASH, A COPY OF WHICH IS ATTACHED AS EXHIBIT "A" TO THE DECLARATION.
26

27

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THE MOTION WILL BE MADE UNDER CODE OF CIVIL PROCEDURE § 473(D) ON
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
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THE GROUNDS THAT THE DEFAULT AND JUDGMENT ARE VOID AS THE COURT
LACKED JURISDICTION OVER DEFENDANT DUE TO THE FACT THAT THEY WERE
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NEVER VALIDLY SERVED AS MORE FULLY SET FORTH IN THE DECLARATION AND
2 EXHIBITS ATTACHED THERETO, ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE.
3

4 THE MOTION SHALL BE BASED UPON THIS NOTICE, THE ATTACHED POINTS
AND AUTHORITIES IN
5 SUPPORT THEREOF, THE FILES AND RECORDS OF THIS CASE, AND THE DECLARATION
AND EXHIBITS ATTACHED THERETO, ATTACHED HERETO, AND ON SUCH OTHER AND
6
FURTHER ORAL AND/OR DOCUMENTARY EVIDENCE AS MAY BE PRESENTED AT THE
7 HEARING ON THIS MOTION.

9
DATED__06/10/2018 _____________________________________
10 TRAVIS TAYLOR
11

12
MEMORANDUM OF POINTS AND AUTHORITIES
13

14 I.
STATEMENT OF FACTS
15

16 MR. TAYLOR FILED SUIT AGAINST THE RESPONDENT MS. SANTOS ON OR


ABOUT AUGUST 2014.
17 ALLEGING IRRESPONSIBLE BEHAVIOR WITH DISREGARD FOR THE FATHERS RIGHTS
18
OR CONSIDERING THE BEST INTERESTS OF THE MINOR CHILD INTENDING TO MOVE
THE MINOR CHILD ACROSS STATE LINES TO ESTABLISH PERMANENT RESIDENCY.
19 AN ORDER WAS SIGNED BY HAND OF THE HONORABLE JUDGE HOWARD
THEODORE ON SEPT. 22ND 2014.-See PETITIONERS complaint on file.
20

21 JUNE 8TH, 2018


DEFAULT WAS ENTERED AGAINST MR. TAYLOR. A DEFAULT JUDGMENT
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WAS ENTERED AGAINST MR. TAYLOR ON JUNE 8TH AS WELL.
23 AFTER 6 MONTHS OF COURT DELIBERATIONS, A FINAL COURT HEARING
COMMENCED AT THE END OF MARCH, 2017. UNCERTAIN AS TO THE THE FINAL
24 DETAILS OF THE “MONTE’ NEGRO” JUDGEMENT AND HAVING NEVER BEEN
PROVIDED TO MR TAYLOR, IT HAS UNDERSTANDABLY CREATED QUITE A BIT OF
25
CONFUSION FOR MR TAYLOR.
26 TO HIS KNOWLEDGE ALL THAT EXISTS TO REFERENCE ARE THE MINUTES
FROM THEM COURT PROCEEDINGS AND WITH THEM BEING RATHER CHALLENGING
27 TO OBTAIN HE ONLY HAS HIS MEMORY OF WHAT WAS SPOKEN IN COURT TO DRAW
28
FROM.
MR. TAYLOR TO THIS DAY HAS YET TO RECEIVE AN ORDER OR EVEN THE
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
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MINUTES TO PROVIDE SOME LEVEL OF CLARITY AS TO THE SPECIFIC EXPECTATION
OF EACH PARENT AND WITHOUT A DOCUMENT OF SORT OUTLINING THE DETAILS, IT
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IS AN UNSTABLE PLATFORM TO CREATE AND MAINTAIN A POSITIVE AND
2 RESPECTFUL COPARENTING RELATIONSHIP.
MR. TAYLOR’S ATTORNEY HAS NOT BEEN ABLE TO BE REACHED FOR SOME
3 TIME AND HAS NOT RETURN ANY OF HIS NUMEROUS EMAILS AND/OR TELEPHONE
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CALLS OVER THE COURSE OF THE LAST 6 MONTHS. MR.TAYLOR EVEN DOWN TO
ORANGE COUNTY FROM LOS ANGELES ONE AFTERNOON HOPING HE COULD TALK
5 TO MR. GOLDBERG IN PERSON BUT AT APPROX. 430PM THAT WEEKDAY, HE HAD
ALREADY GONE FOR THE EVENING,
6 A COMPLAINT HAS SINCE BEEN FILED WITH THE CALIFORNIA STATE BAR AND
7 MR.TAYLOR HOPES TO SEE HIM REPRIMANDED.
COINCIDENTALLY, THE DAY BEFORE THE HEARING, MADE AN ATTEMPT TO
8 REACH MR GOLDBERG VIA FAX SUCCESSFULLY. IT WAS THEN THAT MR. GOLDBERG
INFORMED MR.TAYLOR OF A COURT DATE THE FOLLOWING DAY, JUNE 8TH.MR.
9
TAYLOR ASKED MR. GOLDBERG TO PLEASE TRY TO CONTINUE IT AS HE WOULD NOT
10 MAKE IT. MR. GOLDBERG DECLINED AND DEMANDED THAT MR. TAYLOR SIGN A
SUB OF ATTORNEY FORM. TO WHICH MR. TAYLOR ASKED FOR THE MINUTES AND TO
11 COMMUNICATE TO THE COURT REGARDING THE CIRCUMSTANCES BEFORE SIGNING
IT TO WHICH MR. GOLDBERG AGAIN DECLINED.
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13

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MR. TAYLOR, FOLLOWING THE ADVICE OF HIS ATTORNEY, MR. TAYLOR MADE
15 A MOVE TO AUSTIN,TEXAS AS TO BE NEAR HIS DAUGHTER GWEN SHOWING
DELIBERATE EFFORT TO SEE HER MORE AND FORMALLY ESTABLISH AS MUCH TIME
16 WITH HER AS THE COURT WOULD AGREE, THROUGH ORDER OF A TRAVIS COUNTY
DISTRICT COURT.
17
MR.TAYLOR SEEKS TO SOLIDIFY AN ORDER ALLOWING FOR 50/50 PHYSICAL
18 AND 50/50 LEGAL CUSTODY GIVE OR TAKE 10% DEPENDENT ON THE CHILDS SCHOOL
SCHEDULE.
19 MR. TAYLOR PUT IN FOR CHANGE OF ADDRESS BUT NOW WORRIES HE MAY
20 HAVE MADE A MISTAKE AND IS LOOKING INTO IT BUT HE IS RELATIVELY
CONFIDANT THAT HE DID IN FACT SUBMIT A CHANGE OF ADDRESS WITH THE LOS
21 ANGELES POST OFFICE CORRECTLY.
MR TAYLOR HAD’NT NOTIFIED THE COURT BECAUSE HE DIDN’T KNOW THE
22
EXACT APARTMENT UNIT BUT MORESO BECAUSE HE PLANNED, FIRST THING UPON
23 ARRIVING IN TEXAS TO OPEN A CASE IN TRAVIS COUNTY HAVING IT TRANSFERRED
SUBSEQUENTLY INFORMING THE COURT OF A CHANGE OF ADDRESS.
24 MR. TAYLOR DID TRY TO NOTIFY THE COURT BUT HE COULDN’T GET THRU TO
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A PERSON AND HE COULD’T REACH HIS ATTORNEY DIRECTLY.
ADDITIONALLY, MR. TAYLOR COULD NOT LOOK UP ANY OF THE INFORMATION ON
26 THE WEBSITE AS IT IS A PROTECTED AND CONFIDENTIAL CASE, FAMILIAL IN
NATURE.
27 GIVEN, THAT MR. TAYLOR HAD NOT RECEIVED FORMAL SERVICE OR
28 ANY OTHER NOTICE AND THAT HE HAD’NT KNOWLEDGE OF THE HEARING PRIOR TO
JUNE 7TH IT LEFT HIM SUBSTANTIAL LACKING THE ADEQUATE TIME AND
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
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RESOURCES TO REPARE AND ARRANGE FOR HIS APPEARANCE.
TAYLOR STRONGLY WISHES TO ESTABLISH A MEANINGFUL,
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CONSISTENT AND INFLUENTIAL RELATIONSHIP WITH HIS DAUGHTER, SO AS YOU
2 CAN IMAGINE HE IS VERY UPSET TO LEARN OF THE RECENT JUDGEMENT.
MR. TAYLOR IS EMPLOYED AND CURRENTLY IN THE PROCESS OF BUYING A IN
3 HOUSE DEMONSTRATING DELIBERATE INTENTION TO SOLIDIFY HIS PLACEMENT
4 TEXAS AND HOPEFUL COMMITMENT TO A STRONG RELATIONSHIP WITH HIS
DAUGHTER GWEN.
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_________________________________________________________________________________
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7 THE RESPONDENT, KATRINA SANTOS, SINCE THE LAST HEARING IN MARCH


2017 HAS BEEN INCREASINGLY VOLATILE, COMBATIVE AND IRRATIONAL,
8 COMPLETELY UNABLE TO CONTROL HER EMOTIONS, LASHING OUT AT MR TAYLOR
9 ON SEVERAL OCCASIONS RESULTING IN HIS SUMMONING OF LAW ENFORCEMENT
ON MULTIPLE OCCASIONS.
10 CLEARLY INTENDING TO BE PROBLEMATIC AND THWARTING MR.TAYLOR’S
VISITATIONS SCHEDULING MARATHON RUNS ON MR TAYLOR’S WEEKEND AND
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CONSTANTLY CREATING UNNECESSARY PROBLEMS, SHOWING VERY LITTLE
12 RESTRAINT, WITHOUT ANY CONTROL OF HERSELF, CONSUMED WITH UNJUSTIFIED
ANGER AND RAGE.
13 ON SEPT. 30TH, GWEN’S BIRTHDAY, AFTER NOT GETTING TO HIS PHONE IN
TIME TO ANSWER HER CALL AND UPON ARRIVAL AT AVANTI HILLS APARTMENTS MS.
14
SANTOS LASHED OUT IN A PUBLIC SETTING, IN FRONT OF THE MINOR CHILD,
15 OBSCENE PROFANITY, UNABLE TO CONTROL HER VOLUME OR HER RAGE
COMPLETELY UNCONCERNED WITH THE EXAMPLE SHE WAS SETTING, OR THE HARM
16 SHE WAS CAUSING THE CHILD ON HER 7TH BIRTHDAY. WITH MANY BYSTANDERS
17
INCLUDING MR. TAYLOR’S MOTHER THE CHILD GRANDMA AND THE APARTMENT
OFFICE STAFF AS WITNESSES, WE HAVE ATTACHED LETTER OF ACCOUNT FOR YOUR
18 REVIEW.
OVER THE HOLIDAY MONTHS, THE REACTIVE AND CONTENTIOUS BEHAVIOR
19 COUNTED FROM MS. SANTOS AS SHE DEMANDED SHE HAS THE CHILD FOR
20 CHRISTMAS, AND MR. TAYLOR IN A SIGN OF GOOD FAITH AS TO HIS WILLINGNESS TO
BUILD A BETTER RELATIONSHIP AGREED, ONLY TO HAVE AT THE LAST MINUTE, 9
21 DAYS PRIOR TO CHRISTMAS MS. SANTO” ABRUPTLY CHANGE HER MIND AS NOW
SHE DESIRED INSTEAD SHE RATHER SPEND CHRISTMAS WITHOUT THE CHILD AND
22
INSTEAD SPEND CHRISTMAS WITH HER NEW BOYFRIEND IN CHICAGO THE
23 RELATIONSHIP HAS SINCE ENDED.MAKING THE MOST OF THE LITTLE TIME HE HAD
MR. TAYLOR, SECURED A THREE BEDROOM COTTAGE IN BLUEFIELD, JAMAICA, A
24 RENTAL CAR, SECURED THREE FLIGHTS FOR TRAVIS TAYLOR, GWEN TAYLOR AND
NANA CHARLOTTE TAYLOR AS WELL AS A GIANT TUB FULL OF TOYS, CLOTHES,
25
BEACH STUFF AND SCHOOL SUPPLIES.
26 HE DECIDED SINCE HE HAD TAKEN GWEN TO THE BAHAMAS A YEAR OR TWO
PRIOR AND SHE LOVED IT SO MUCH HE WOULD SURPRISED GWEN AND HIS MOM
27 CHARLOTTE WITH A MEMORABLE EXPERIENCE IN THE CARIBBEAN. AFTER DOING
SOME RESEARCH AND LEARNING THAT JAMAICA WAS THE “2017 KIDS DESTINATION
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OF THE CARIBBEAN”. DECIDEDLY, THAT WAS THE PLAN, A MEMORABLE TRIP
RATHER THEN MORE TOYS THAT SHE WOULD SOON LOSE INTEREST IN.
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
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THEY HAD A GREAT TIME AND IT WAS A VERY SPECIAL CHRISTMAS THEY WILL
CHERISH FOREVER. MR. TAYLOR WAS ATTENTIVE, PREPARED AND EXCELLENT
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ABOUT SUNSCREEN, KEEPING GWEN’S FARE SKIN PROTECTED, FREE OF SUNBURN
2 THE WHOLE TRIP. NATURALLY SHE DID GET SOME BUG BITES THOUGH,
COMPLETELY HARMLESS AND GIVEN THE LONG BEACH DAYS GWEN SPENT
3 FROLICKING IN THE WATER, ON THE BEACH AND AROUND THE HOTEL GROUNDS, IT
WAS UNDERSTANDABLE.
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5 MR. TAYLOR, BEING OVERLY ATTENTIVE AND PREPARED WAS EQUIPPED WITH
ALL THE NECESSARY CREAMS, SPRAYS, BENADRYL ETC TENDING TO THE LITTLE
6 BITES MULTIPLE TIMES A DAY FREQUENTLY.
7 TAKING PICTURES OF THE BITES AND MONITORING THEIR PROGRESS, DAILY
MR TAYLOR NOTICED A BITE ON GWEN’S INNER THIGH.
8 WHEN HE WENT TO TAKE A PICTURE GWEN BECAME VISIBLY UPSET AND SAID
“I DON'T LIKE IT WHEN PEOPLE TAKE NAKED PICTURES OF ME “
9
MR. TAYLOR RESPONDED “SWEETIE WHAT DO YOU MEAN NAKED PICTURES ? 'YOU’RE
10 NOT NAKED” SHE SAD “WELL NOT YOU , LIKE, OTHER PEOPLE, LIKE FAMILY
MEMBERS AND STUFF”. HE RESPONDED WITH “WHAT FAMILY MEMBERS TAKE NAKED
11 PICTURES OF YOU”
12 SHE “I DON’T WANT TO TALK ABOUT IT” MR. TAYLOR OF COURSE PRESSING
THE ISSUE TRYING TO GET MORE INFORMATION OBSERVED AS SHE BECAME
13 INCREASINGLY UPSET AND CRYING, SCREAMING AND EXPRESSLY EXCLAIMING, “ I
DON’T WANT TO TALK ABOUT IT!” I DON’T WANT TO TALK ABOUT IT!” LOOKING AT HIS
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MOTHER CHARLOTTE URGING HIM TO BRING IT UP ANOTHER DAY AS IT WAS LATE
15 AND SHE WAS UPSET HE DROPPED IT UNTIL RETURNING TO THE STATES A FEW DAYS
LATER.
16 UPSET AND PERPLEXED AS TO THE REALITY BEHIND SUCH A DEMONSTRATIVE
REACTION, MR. TAYLOR CALLED HIS ATTORNEY FOR ADVISE. THEY HAD
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BEEN IN CONTACT ALL ALONG CONSULTING WITH COUNSEL PRIOR TO THE TRIP
18 MAKING SURE THAT HE WAS NOT DOING ANYTHING OUTSIDE OF HIS LEGAL RIGHTS
PURSUANT THE LIMITED ORDERS HE HAD FOR REFERENCE IN TAKING HIS
19 DAUGHTER TO JAMAICA, MR TAYLOR CALLED AND EXPLAINED WHAT HAD
HAPPENED, AND ADVISED HIM TO IMMEDIATELY CALL THE FBI AND FILE A REPORT
20
TO WHICH HE DID AND THE FBI REFERRED MR. TAYLOR TO THE LOCAL CPS
21 DIVISION OF TRAVIS COUNTY. MR. TAYLOR FILED REPORT WITH CPS AND THEY
CONDUCTED AN INVESTIGATION AND ALTHOUGH THEIR INVESTIGATION DID NOT
22 REVEAL ANY WRONGDOING THERE WAS NEVER ANY DISPUTE THAT HIS DAUGHTER
23
HAD MADE THESE COMMENTS BUT THAT SHE HAD TOLD THE INVESTIGATOR “I JUST
MADE IT UP “ WHICH SOUNDED VERY SUSPICIOUS TO MR. TAYLOR AND HE STILL
24 BELIEVES THAT HIS DAUGHTER HAD BEEN “COACHED”.
25
MR TAYLOR STRONGLY BELIEVES THAT THESE EFFORTS TO LITIGATE ARE
26 RETALIATORY IN NATURE. SHE IS ANGRY AND CONTINUES THAT MR TAYLOR DID
WHAT HE FELT THE RIGHT THING TO DO AND COMMISSIONED CPS TO CONDUCT AN
27 INVESTIGATION.
MR TAYLOR IS CONCERNED FOR THE WELL-BEING OF HIS DAUGHTER AND
28
WHOLEHEARTEDLY BELIEVES IT IS MORE IMPORTANT THAN EVER THAT HE BE
CONSPICUOUSLY INVOLVED IN HER LIFE AND THAT THE CONSISTENCY OF HIS
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
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PRESENCE IS VITAL , ASSURING HIS DAUGHTER GROWS INTO A WOMAN WITH
VALUE, WORK ETHIC AND APPROPRIATELY ALINED PRIORITIES.
1
IN ADDITION TO HAVING NOT RECEIVED PROPER NOTICE,
2 BOTH PARENTS, MR TAYLOR AND MS. SANTOS ARE NOW BOTH RESIDENTS OF THE
STATE OF TEXAS FULL TIME REMOVING JURISDICTION FROM ORANGE COUNTY, CA.
3

4 DUE TO THE AMOUNT OF TIME WITHOUT AN OFFICIAL ORDER, LACK OF


CLARITY, HIS ATTORNEY MISCONDUCT AS WELL AS VARIOUS OTHER PARTICULARS
5 MR. TAYLOR RESPECTFULLY ASKS THAT THE COURT SET ASIDE JUDGEMENT
ENTERED ON JUNE 8TH AND THAT IT BE TRANSFERRED TO THE FOLLOWING COUNTY
6
COURTHOUSE IN AUSTIN,TEXAS TRAVIS COUNTY.
7 MR. TAYLOR BELIEVES A MOTION TO SET ASIDE THE DEFAULT JUDGEMENT IS
REASONABLE, FAIR AND JUST.
8

9 TRAVIS COUNTY-DISTRICT CLERK


1000 GUADALUPE ST
10 AUSTIN,TX78701
(512) 854-9457
11

12

13

14 LEGAL ARGUMENT
A. THE COURT HAS THE POWER TO SET ASIDE THE DEFAULT AND DEFAULT
15 JUDGMENT THAT WERE ENTERED AGAINST THE DEFENDANT ON THE
16
GROUNDS THAT THEY ARE VOID AS THE COURT LACKED JURISDICTION OVER
THE DEFENDANT AS THEY WERE NOT VALIDLY SERVED.
17

18
CODE OF CIVIL PROCEDURE SECTION 473,SUBDIVISION (D) STATES THAT,
19 "THE COURT MAY, UPON MOTION OF THE INJURED PARTY, OR ITS OWN MOTION,
CORRECT CLERICAL MISTAKES IN ITS JUDGMENT OR ORDERS AS ENTERED, SO AS TO
20 CONFORM TO THE JUDGMENT OR ORDER DIRECTED, AND MAY, ON MOTION OF
21
EITHER PARTY AFTER NOTICE TO THE OTHER PARTY, SET ASIDE ANY VOID
JUDGMENT OR ORDER."
22

23

24 A JUDGMENT IS VOID IF THE COURT LACKED JURISDICTION OVER THE


SUBJECT MATTER OR PARTIES, FOR EXAMPLE, IF THE DEFENDANT WAS NOT
25 VALIDLY SERVED WITH SUMMONS. NEUMANN V. MELGAR (2004) 121 CAL.APP.4TH 152,
26
164.
IF A JUDGMENT IS VOID, THERE IS NO TIME LIMIT MENTIONED FOR A PARTY TO FILE
27 A MOTION TO SET ASIDE THE VOID JUDGMENT. CODE OF CIVIL PROCEDURE
SECTION 473, SUBDIVISION (D) (SECTION 473(D)) ALLOWS A COURT TO SET ASIDE A
28
VOID JUDGMENT. RAMOS V. HOMEWARD RESIDENTIAL, INC. (2014) 223 CAL.APP.4TH
1434, 144E.B.H.0; SEE ALSO LEE V. AN (2008) 168 CAL.APP.4TH 558, 563 (LEE).) SECTION
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
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473(D) PROVIDES: "THE COURT MAY, UPON MOTION OF THE INJURED PARTY, OR ITS
OWN MOTION, . . . SET ASIDE ANY VOID JUDGMENT OR ORDER." A VOID JUDGMENT
1
IS A NULLITY. TEARLACH RESOURCES LIMITED V. WESTERN STATES INTERNET., INC.
2 (2013) 219 CAL.APP.4TH 773, 779.
A JUDGMENT IS VOID IF THE COURT LACKS "FUNDAMENTAL AUTHORITY
3 OVER THE SUBJECT MATTER, QUESTION PRESENTED, OR PARTY." IN RE MARRIAGE OF
4
GODDARD (2004) 33 CAL.4TH 49, 56. "`WHEN A COURT LACKS JURISDICTION IN A
FUNDAMENTAL SENSE, AN ENSUING JUDGMENT IS VOID, AND "THUS VULNERABLE
5 TO DIRECT OR COLLATERAL ATTACK AT ANY TIME."'" LEE, SUPRA, 168 CAL.APP.4TH AT
P. 563.
6 "FOR EXAMPLE, IF A DEFENDANT IS NOT VALIDLY SERVED WITH A SUMMONS
7 AND COMPLAINT, THE COURT LACKS PERSONAL JURISDICTION AND A DEFAULT
JUDGMENT IN SUCH ACTION IS SUBJECT TO BEING SET ASIDE AS VOID." ID. AT P. 564.
8 LACK OF PERSONAL JURISDICTION RENDERS A DEFAULT JUDGMENT VOID, SO
THAT IT MAY BE VACATED AT ANY TIME. STRATHVALE HODINGS V. E.B.H. (2005) 126
9
CAL.APP. 4TH 1241, 1249, IN THAT CASE THE COURT OF APPEAL HELD THAT A
10 JUDGMENT WAS NOT AFFECTED BY A NONRESIDENT'S FAILURE TO BRING A MOTION
TO QUASH.
11 A JUDGMENT VOID FOR LACK OF DUE PROCESS NOTICE OR EXTRINSIC FRAUD IS
12
SUBJECT TO ATTACK AT ANY TIME IN A PROCEEDING OR ACTION BROUGHT FOR
THAT PURPOSE. ANSLEY V. SUPERIOR COURT (1986) 185 CAL.APP.3D 477, 488; SEE ALSO
13 STERN V. JUDSON (1912) 163 CAL. 726, 735-736.) ABSENT SERVICE OF PROCESS UPON
THE DEFENDANT, HE HAS NO DUTY TO TAKE AFFIRMATIVE ACTION AT ANY TIME TO
14 PRESERVE HIS RIGHT TO CHALLENGE THE JUDGMENT EVEN IF HE OBTAINS ACTUAL
15
KNOWLEDGE OF THE JUDGMENT. CITY OF LOS ANGELES V. MORGAN (1951) 105
CAL.APP.2D 726, 731. "WHAT IS INITIALLY VOID IS EVER VOID AND LIFE MAY NOT BE
16 BREATHED INTO IT BY LAPSE OF TIME?" IBID. INDEED, IF A PLAINTIFF CHOOSES TO
OBTAIN A JUDGMENT THAT IS VOID FOR LACK OF SERVICE UPON A DEFENDANT, "HE
17 AND HIS PRIVIES MAY NOT COMPLAIN THAT THE LAW DOES NOT SUBSEQUENTLY
18 ACCORD TO THEM A SO-CALLED `RIGHT' WHICH HAS NEVER EXISTED." IBID.

19

20

21

22
B. MR TAYLOR WAS NOT VALIDLY SERVED, FURTHER PERSONAL SERVICE
23 IS THE PREFERRED MEANS OF SERVICE TO NOTIFY A DEFENDANT OF THE
COMMENCEMENT OF A LAWSUIT
24 MR TAYLOR WAS NOT VALIDLY SERVED IN THAT;
25 THE RESPONDENT REFUSES TO SPEAK TO MR. TAYLOR ORALLY, NOR HAD THERE
BEEN ANY ATTEMPT TO EMAIL, FACEBOOK MESSAGE, INSTAGRAM , ETC.
26 THE LAW IN CALIFORNIA IS WELL SETTLED THAT PERSONAL SERVICE IS THE
PREFERRED MEANS OF SERVICE TO NOTIFY A DEFENDANT OF THE COMMENCEMENT
27
OF A LAWSUIT.
28 PERSONAL SERVICE IS THE PREFERRED MEANS TO NOTIFY A DEFENDANT OF
THE ISSUANCE OF A SUMMONS AND THE COMMENCEMENT OF A LAWSUIT. OLIVERA
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
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V. OLIVERA (1991) 232 CAL.APP.3D 32, 41.
ANY OTHER FORM OF SERVICE OTHER THAN PERSONAL SERVICE IS KNOWN
1
AS SUBSTITUTED OR CONSTRUCTIVE SERVICE, DEPENDING ON THE METHOD USED.
2 AND IN USING SUBSTITUTED OR CONSTRUCTIVE SERVICE, THE CALIFORNIA
SUPREME COURT STATED OVER 100 YEARS AGO THAT STRICT COMPLIANCE WITH
3 THE LETTER AND SPIRIT OF THE STATUTES IS REQUIRED
4 "WHEN SUBSTITUTED OR CONSTRUCTIVE SERVICE IS ATTEMPTED, STRICT
COMPLIANCE WITH THE LETTER AND SPIRIT OF THE STATUTES IS REQUIRED." STERN
5 V. JUDSON (1912) 163 CAL. 726, 735.
THE UNITED STATES SUPREME COURT HAS RULED THAT A VOID JUDGMENT
6
MUST BE SET ASIDE REGARDLESS OF THE MERITS OF THE UNDERLYING LAWSUIT.
7 THIS WAS IN A CASE WHERE THERE WAS NEVER A VALID SERVICE OF SUMMONS.
"WHERE A PERSON HAS BEEN DEPRIVED OF PROPERTY IN A MANNER
8 CONTRARY TO THE MOST BASIC TENETS OF DUE PROCESS, IT IS NO ANSWER TO SAY
THAT IN HIS PARTICULAR CASE DUE PROCESS OF LAW WOULD HAVE LED TO THE
9
SAME RESULT BECAUSE HE HAD NO ADEQUATE DEFENSE UPON THE MERITS."
10 PRELATE V. HEIGHTS MEDICAL CENTER, INC. (1988) 485 US 80, 86–87, S 108.CT. 896, 900
(INTERNAL QUOTES OMITTED).
11 SETTING ASIDE A DEFAULT". AS SHOWN BY THE ATTACHED DECLARATION,
12 THEY JUST FOUND OUT ABOUT THE DEFAULT AND JUDGMENT ON. THUS THEY HAVE
SHOWN DILIGENCE IN SEEKING RELIEF ONCE THEY HAVE PERSONAL
13 KNOWLEDGE THAT A DEFAULT OR JUDGMENT HAS BEEN ENTERED AGAINST THEM.
AND THEY HAVE ATTACHED A COPY
14
OF THEIR PROPOSED MOTION TO QUASH AS EXHIBIT _A_ TO THE DECLARATION OF
15 TRAVIS TAYLOR

16

17 C. THE LAW FAVORS DISPOSING OF CASES ON THEIR MERITS


NUMEROUS DECISIONS OF THE CALIFORNIA SUPREME COURT MAKE IT CLEAR
18 THAT THE LAW FAVORS
DISPOSING OF CASES ON THEIR MERITS.
19
“IT IS THE POLICY OF LAW TO FAVOR, WHENEVER POSSIBLE, A HEARING ON
20 THE MERITS. APPELLATE
COURTS ARE MUCH MORE DISPOSED TO AFFIRM AN ORDER WHEN THE RESULT IS TO
21
COMPEL A TRIAL ON THE
22 MERITS THAN WHEN THE DEFAULT JUDGMENT IS ALLOWED TO STAND. THEREFORE,
WHEN A PARTY IN DEFAULT
23 MOVES PROMPTLY TO SEEK RELIEF, VERY SLIGHT EVIDENCE IS REQUIRED TO
24
JUSTIFY A TRIAL COURT'S ORDER
SETTING ASIDE A DEFAULT". SHAMBLING V. BRATTAIN (1988) 44 CAL.3D 474, 478-479.
25 BECAUSE THE LAW STRONGLY FAVORS TRIAL AND DISPOSITION ON THE
MERITS, ANY DOUBTS MUST BE
26
RESOLVED IN FAVOR OF THE PARTY SEEKING RELIEF FROM DEFAULT. ELSTON V. CITY
27 OF TURLOCK (1985) 38
CAL.3D 227, 233.
28 AS SHOWN BY THE DECLARATION OF TRAVIS TAYLOR AND THEIR PROPOSED
MOTION TO QUASH THEY WERE NOT VALIDLY SERVED. THEREFORE, THE COURT
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SHOULD GRANT HER MOTION SO SHE CAN HAVE HER DAY IN COURT, AND THIS CASE
CAN BE DISPOSED OF ON ITS MERITS AS THE LAW FAVORS.
1

2 II.
CONCLUSION
3
BASED ON THE ABOVE, MR. TAYLOR RESPECTFULLY REQUESTS THAT THE
4 COURT SET ASIDE THE DEFAULT AND DEFAULT JUDGMENT THAT WERE ENTERED
AGAINST HIM, AND ALLOW HIM TO FILE
5 HIS PROPOSED MOTION TO QUASH SO THAT THIS CASE CAN BE HEARD ON ITS
MERITS, AS THE LAW FAVORS.
6

9 RESPECTFULLY,

10

11

12

13 DATED JUNE 10TH 2018 ______________________________________________________

14 TRAVIS TAYLOR
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I
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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
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TRAVIS TAYLOR, DECLARE AS FOLLOWS.
1

2 1. I AM OVER THE AGE OF 18 YEARS AND PARTY TO THIS ACTION. I HAVE


PERSONAL KNOWLEDGE OF THE FACTS STATED IN THIS
3
DECLARATION, AND IF CALLED AS A WITNESS, COULD AND WOULD
4 TESTIFY COMPETENTLY TO THE TRUTH OF THE FACTS AS STATED
HEREIN.
5
2. I FIRST HEARD ABOUT THE JUNE 8TH HEARING ON JUNE 7TH AT APPROX.
6
7:30PM AND IT WAS JUNE 8TH WHEN I BECAME AWARE OF A
7 ` DEFAULT AND JUDGMENT ENTERED AGAINST ME. ]
8
3. I WAS NEVER VALIDLY SERVED IN THAT HEARING,
9 I HAVE PREPARED A PROPOSED MOTION TO QUASH SERVICE OF THE
SUMMONS AND COMPLAINT. A TRUE AND CORRECT COPY OF MY
10 PROPOSED MOTION TO QUASH IS ATTACHED HERETO AS EXHIBIT"A"
11
AND INCORPORATED HEREIN BY REFERENCE.

12
4. I RESPECTFULLY REQUEST THAT THE COURT SET ASIDE THE DEFAULT AND
13
DEFAULT JUDGMENT
14

15
THAT WERE ENTERED AGAINST ME AND ALLOW THAT I FILE MY PROPOSED MOTION
16 TO QUASH SO THAT I CAN HAVE MY DAY IN COURT AND SHOW THAT I WAS NOT
VALIDLY SERVED AND PROPERLY DEFEND MYSELF AGAINST PLAINTIFF'S LAWSUIT
17 AS THE LAW FAVORS.
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
18
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS
19 DECLARATION WAS EXECUTED ON JUNE 10TH,2018

20

21

22

23 DATED JUNE 10TH, 2018 _____________________________________________

24

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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT
.
PROOF OF SERVICE
1

2 I AM OVER THE AGE OF 18 AND NOT A PARTY TO THIS ACTION.


3
I AM A RESIDENT OF OR EMPLOYED IN THE COUNTY WHERE THE MAILING
4 OCCURRED; MY BUSINESS/RESIDENCE ADDRESS IS: ADDRESS OF PERSON SERVING
PAPERS.
5

6 ON ____________________ I SERVED THE FOREGOING DOCUMENT(S) DESCRIBED


AS: NOTICE OF
7 MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT; MEMORANDUM OF POINTS
AND AUTHORITIES; DECLARATION OF _________________, EXHIBITS TO THE
8
FOLLOWING PARTIES:
9
NAME AND ADDRESS OF ATTORNEY OR PLAINTIFF WITHOUT AN ATTORNEY
10

11
[X] (BY US MAIL) I DEPOSITED SUCH ENVELOPE IN THE MAIL AT
12 ______________, CALIFORNIA WITH POSTAGE THEREON FULLY
PREPAID. I AM AWARE THAT ON MOTION OF THE PARTY SERVED,
13
SERVICE IS PRESUMED INVALID IF POSTAL CANCELLATION DATE
14 OR POSTAGE METER DATE IS MORE THAN ONE DAY AFTER DATE OF
DEPOSIT FOR MAILING IN AFFIDAVIT.
15

16 I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF


CALIFORNIA THAT THE FOREGOING
17 IS TRUE AND CORRECT.
18

19 DATED: ————————
— ——

_______________________________________
20
NAME OF PERSON SERVING PAPERS
21

22

23

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25

26

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NOTICE OF MOTION AND MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT