Legal Question in Business Law in California

Titles are not controlling in court documents. It is the contents that matter. If in the motion papers the defendant's attorney asks that the default and default judgment both be set aside, that's what matters.

Although you didn't ask, I am also going to warn you that the courts do not exalt style over substance; they do not favor "gotcha" over the merits of the case. In addition, they are REQUIRED to set aside a default and default judgement in almost all cases. The only real exception is if there is clear and convincing evidence that the defendant knowingly and intentionally let the default and default judgement be entered and is suddenly having "buyer's remorse" about that decision, AND their attorney will not take the blame. In all other cases the court MUST set aside the default and judgment.

You are very quickly going to find yourself on the judge's bad side if you keep trying to pick nits instead of demonstrate you are entitled to win your case on the actual facts and law. I highly recommend that you stipulate to set aside the default and default judgment rather than waste an over-worked court's time disputing a motion you are almost certain to lose. You may even find yourself sanctioned (fined) for wasting the court's time with a meritless opposition.