Eshagian v. Cepeda (2025)

Citation: Eshagian v. Cepeda (2025)
Parent Document: Eshagian v. Cepeda (2025)
Jurisdiction: California (state)
Effective Date: 2025-06-26
Original Source: https://www.courtlistener.com/opinion/10617811/eshagian-v-cepeda/ ↗

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B.     The Entry of Default and Possession-only Judgment and
       Cepeda’s Motion To Vacate
       On January 9, 2023 Cepeda, representing himself, filed an
answer in which he denied the allegations he had not paid the
rent since April 2022, he unlawfully continued in possession of
the premises, and he owed $33.33 per day for use and occupancy
of the premises. Cepeda also asserted affirmative defenses,
including that Eshagian breached the warranty of habitability
and violated the COVID-19 Tenant Relief Act and local COVID-
19-related ordinances.
       In late January and early February 2023 Eshagian filed
several motions to compel discovery responses. 2 On March 8,
2023 the trial court granted the motions and ordered Cepeda to
respond to Eshagian’s discovery requests. On March 21
Eshagian filed a motion for terminating sanctions based on
Cepeda’s failure to comply with the court’s discovery orders.
Cepeda did not file an opposition to the motion. Cepeda’s
attorney appeared at the hearing but did not present any
argument, stating only that “[w]e have nothing to add to the
court record.” The court granted the motion for terminating
sanctions and ordered that Cepeda’s answer be stricken. 3
       On April 28, 2023, at Eshagian’s request, the court clerk
entered a default against Cepeda. On May 2, 2023 Eshagian filed

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