Late Opposition to Default Proceeding by Plaintiff Did Not Change Result.
The Second District, Division 6, in Towne v. Joaquin, Case No. B222077 (2d Dist., Div. 6 Nov. 6, 2012) (unpublished), affirmed a trial court’s order that plaintiff be awarded $3,270 in fees and costs as a condition of vacating a default judgment against defendant based on attorney fault.
The appellate court, per a 3-0 opinion authored by Justice Yegan, determined that this fee/costs condition was just, especially given that a $51,968 default judgment in a wage/hour dispute was overturned so the matter could proceed on the merits. Defense attorney asserted that plaintiff’s opposition papers were not timely filed and served, which waived the fees/costs. However, the appellate court found that plaintiff’s counsel had a good excuse after returning from an Australian vacation right around the opposition deadline so that the lower court had discretion to consider the lately filed opposition papers.
Kangaroo. 1876. Library of Congress.