**Not to be Published**

Gorshkov v. Zakharova

Husband filed for divorce in June, 2006. Wife failed to respond and default judgment was entered in September 2006. In March 2007, wife filed a motion to set aside the judgment; it was denied. The lower court found that, even though the motion to set aside the judgment was timely pursuant to Code of Civil Procedure, section 473, the motion to set aside the entry of default was not. Further, there was no proof that setting aside the judgment would alter the outcome under Family Code, section 2121. The court further found that wife lacked credibility in her declaration.

Wife argues that the court abused discretion and exceeded bounds of reason - the court did not consider all the facts and law essential to an informed, intelligent and just decision. For instance, as to merits, the court stated that it would be unlikely for wife to ever receive spousal support; this was arbitrary, capricious and whimsical thinking as she would at least be entitled to temporary support while the divorce was pending.

HELD: wife has not provided support for claim of error; further, credibility is an issue for the trial court.

Labels: motion to set aside default