Judge: Armen Tamzarian, Case: 22STCV09946, Date: 2024-07-03 Tentative Ruling

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Case Number: 22STCV09946    Hearing Date: July 3, 2024    Dept: 52

Defendant Greystar California, Inc.’s Motion to Set Aside Default

Defendant Greystar California, Inc. (Greystar) moves to set aside its default. 

Greystar shows adequate grounds for relief from default.  Code of Civil Procedure section 473(b) provides, “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.”  “Because the law favors disposing of cases on their merits, ‘any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.’ ”  (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.)

Greystar’s default resulted from mistake, inadvertence, or excusable neglect.  Plaintiff first requested Greystar’s default on April 3, 2024.  (Cardoso Decl., ¶ 23.)  The clerk rejected the request.  (Ibid.)  Greystar’s counsel mistakenly “assumed it was [rejected] because the demurrer had been filed.”  (Id., ¶ 24.)  Ultimately, the clerk entered Greystar’s default on May 7.  The next day, Greystar filed a declaration of demurring party in support of automatic extension.  The declaration’s signature is dated May 6.  Greystar narrowly missed obtaining an automatic extension.  Greystar shows it attempted to file a timely responsive pleading and would have done so but for a minor, excusable mistake.

Disposition 

Defendant Greystar California, Inc.’s motion to set aside default is granted.  The court hereby vacates the default entered against defendant Greystar California, Inc.  The demurrer filed by defendant Greystar California, Inc. shall be heard as currently scheduled on July 29, 2024, at 9:00 a.m.

On its own motion, the court hereby continues the final status conference set for August 14, 2024, to January 13, 2025, at 9:00 a.m.  The court hereby continues the jury trial set for August 21, 2024, to January 29, 2025, at 10:00 a.m.  All pretrial deadlines that have not already passed shall be continued to follow the new trial date.