Equity: Two Of Our Readers Obtained An Award Of Attorney’s Fees And Costs For Their Client (A Defendant/Cross-Complainant) As A Condition Of A Superior Court’s Order Equitably Vacating A Default Against A Cross-Defendant

This Is One Of The Larger Fee/Costs Award We Have Seen In This Area, But The Fees And Costs Encompassed Several Other Pre-Trial Proceedings On The Subject.

Two readers of our blog, Ronald C. Foreman and Ian A. Hansen of Foreman & Brasso in San Francisco, are to be congratulated as well as “hat tipped” for bringing our attention to a March 27, 2026 order by Judge Roberta S. Hayashi in PAHC Apartments Inc. v. Layers LLC, Case No. 23-CV-412080 (Santa Clara County Super. Ct.).  There, Judge Hayashi, on equitable (not CCP § 773) grounds, vacated a default in favor of a defendant/cross-complainant (Messrs. Foreman and Hansen’s client) and against a cross-defendant, conditioned on cross-defendant paying attorney’s fees of $34,412.50 within 120 days and costs of $2,391.73 within 60 days.  If the payments are not timely made, cross-defendant’s answer to the cross-complaint will be stricken.  This is one of the larger awards that us bloggers have seen for vacating a default at the state court level. 

Scroll to Top