Turner v. Turner
Hartford Casualty Insurance Company (Hartford) appeals from the trial court’s order denying a motion to vacate a $4.1 million stipulated judgment entered into between the injured party, Lisa Turner, and Hartford’s insured, Lisa’s mother Marian,[1] to resolve this personal injury action. (Code Civ. Proc., § 473, subd. (b).)[2] The $4.1 million stipulated judgment originally was part of the settlement entered into in the personal injury action Lisa filed against her mother and father, Hartford’s insureds, in the United States District Court. Over Hartford’s objections, the district court did not sign the judgment and later dismissed the action on jurisdictional grounds without prejudice to allow re-filing in state court. Within 30 days of re-filing the personal injury action in state court, and before an answer was due, Lisa filed an ex parte application for entry of the $4.1 million stipulated judgment. Hartford had no notice the personal injury action had been re-filed, the ex parte application had been filed, or the $4.1 million stipulated judgment had been entered against its insured. We conclude the trial court erred in denying Hartford’s motion to vacate. Hartford established “surprise†as required under section 473, and there is insufficient evidence to support the trial court’s conclusion that Hartford failed to accept the tendered defense and was therefore precluded from moving to vacate the judgment. Accordingly, we reverse.
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