Judge: Armen Tamzarian, Case: 24STCV34399, Date: 2025-03-27 Tentative Ruling

Case Number: 24STCV34399    Hearing Date: March 27, 2025    Dept: 52

Defendant Thirsty Pockets LLC’s Motion to Set Aside Default and Default Judgment

            Defendant Thirsty Pockets LLC moves to set aside its 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.)                   

Defendant Thirsty Pockets LLC shows the default resulted from mistake, inadvertence, surprise, or excusable neglect.  Christian Frizzell, the owner of Thirsty Pockets LLC, explains that he missed the deadline to respond to the complaint because the Eaton Fire greatly impacted him, his family, and Thirst Pockets LLC’s business.  (Frizzell Decl., ¶¶ 1-9.)  He states, “Simply put, I forgot about the instant action due to the devastating fires and associated complication[s] that took place during and thereafter.”  (Id., ¶ 9.)  Vacating defendant’s default serves the interests of justice.

Defendant Thirsty Pockets LLC’s motion to vacate default is granted.  The court hereby vacates the default of defendant Thirsty Pockets LLC entered on February 11, 2025.  Defendant Thirsty Pockets LLC shall file its proposed answer (attached as Exhibit A to the motion) forthwith.