Plaintiff obtained a default judgment in January 2013. In July 2013, the trial court entered a revised judgment after defendant moved to vacate judgment. The Court of Appeal reversed both the order vacating the original judgment and the revised judgment, stating Code of Civil Procedure section 663a provides that the trial court’s failure to rule within 60 days after service of notice of entry of judgment or service of the first notice of intention to move to vacate, whichever occurs first, automatically results in a denial of the motion without further court order. (Garibotti v. Hinkle (Cal. App. Fourth Dist., Div. 3; December 29, 2015) 243 Cal.App.4th 470 [197 Cal.Rptr.3d 61].)Strict Time Limits For Court To Rule On Motion To Vacate Judgment.
Plaintiff obtained a default judgment in January 2013. In July 2013, the trial court entered a revised judgment after defendant moved to vacate judgment. The Court of Appeal reversed both the order vacating the original judgment and the revised judgment, stating Code of Civil Procedure section 663a provides that the trial court’s failure to rule within 60 days after service of notice of entry of judgment or service of the first notice of intention to move to vacate, whichever occurs first, automatically results in a denial of the motion without further court order. (Garibotti v. Hinkle (Cal. App. Fourth Dist., Div. 3; December 29, 2015) 243 Cal.App.4th 470 [197 Cal.Rptr.3d 61].)