Plaintiff, JIM MANOS DRILLING AND PUMP, INC., a California corporation, a.k.a. MANOS PUMP SERVICE filed this action against Defendant, FELICITAS I. OCAMPO, after a failed attempt to drill a productive water well upon land titled in the name of FELICITAS I. OCAMPO (hereinafter Ms. Ocampo) in El Cajon in May 2015. After being presented with a bill for drilling services nearly double the written proposal accepted by Ms. Ocampo, and given that no written change order had been signed by Ms. Ocampo authorizing or agreeing to the expanded work, communications between the Plaintiff and Ms. Ocampo broke down resulting in the recording of a mechanical lien upon the property and a subsequent complaint to foreclose upon the property. The complaint was delivered by substitute service, as a result of mistake, inadvertence, surprise, excusable neglect by Ms. Ocampo, a default was entered against her in this action. Because of the compelling and upsetting facts surrounding that taking of the default, which she now timely moves this court for relief to permit the filing of her answer so that she may mount her defense and have the case decided on the merits, not by forfeit. Ms. Ocampo has two young children,, one a healthy and active 3 year old girl, her other younger child was born August 21, 2013, is now 2 years of age and suffers severe and disabling congenital and genetic defects which as of the date of this declaration are still in the process of diagnoses to attribute a name for the type of severe disabilities that have presented during her daughters short life. Ms. Ocampo’s youngest daughter’s disabilities and medical condition requires constant one on one care, 7 days a week, 24 hours a day, 365 days per year. When her youngest either Ms. Ocampo or a nurse must maintain a waking vigil to monitor her breathing and vital signs. Since here birth Ms. Ocampo’s daughter has had 4 major surgeries for placement of a gastrointestinal feeding tube, a breathing tube, cranial surgery to relief swelling in the brain as well as spinal surgery. As a direct consequence of Ms. Ocmapo’s daughter’s profound disability, Ms. Ocampo has been completely and utterly overwhelmed, rendering Ms. Ocampo both physically and mentally exhausted by the constant medical demands, multiple surgeries, doctor appointments, and medical supervision required by her daughter’s conditions. The stress, exhaustion, constant care and vigils for her care have left Ms. Ocampo unable to function in any other part of her day to day life and has also resulted in Ms. Ocampo suffering memory lapses and has interfered with her ability to attend to other issues that
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Ocampo was confused why a default was requested when the court date was not until January 29, 2016. The first actual notice Ms. Ocampo had of a 30 day requirement to submit a written documents in response was came when she again reviewed the Summons. Ms. Ocampo then called an attorney and scheduled the first appointment available to learn what the meaning of the documents were and what she must do to oppose the request for default and to state her side of the case. Ms. Ocampo believes she has a substantial legal and factual defense to the action, as shown by my proposed answer to the complaint served along with this motion and attached as Exhibit A to the Declaration of John Q. Goodrich,
Ocampo was confused why a default was requested when the court date was not until January 29, 2016. The first actual notice Ms. Ocampo had of a 30 day requirement to submit a written documents in response was came when she again reviewed the Summons. Ms. Ocampo then called an attorney and scheduled the first appointment available to learn what the meaning of the documents were and what she must do to oppose the request for default and to state her side of the case. Ms. Ocampo believes she has a substantial legal and factual defense to the action, as shown by my proposed answer to the complaint served along with this motion and attached as Exhibit A to the Declaration of John Q. Goodrich,