Judge: Ashfaq G. Chowdhury, Case: 23GDCV01701, Date: 2024-05-17 Tentative Ruling

Case Number: 23GDCV01701    Hearing Date: May 17, 2024    Dept: E

Hearing Date: 05/17/2024 – 8:30am
Case No. 23GDCV01701
Trial Date: UNSET
Case Name: ARTYOM GABRIELYAN, an individual; v. WING STREET RESIDENCE, LLC., a limited liability company; CLIDE ABRAAMYAN, an individual; and DOES 1-25

TENTATIVE RULING
On 4/9/2024, this Court entered default judgment for Plaintiff, Artyom Gabrielyan, and against Defendants, Clide Abraamyan and Wing Street Residence LLC, on the Complaint filed on 08/11/2023.

On 4/18/2024, Defendants, Wing Street Residence LLC and Clide Abraamyan moved this Court for an order setting aside the entry of default filed by Plaintiff and the default judgment entered by the Court on April 9, 2024, and for leave to defend this action.

On 5/3/2024, Defendants’ counsel filed a stipulation and proposed order to set aside entry of default and vacate default judgment. In relevant part of the stipulation, it stated:

IT IS HEREBY STIPULATED by and between the parties, through their respective attorneys of record, that the defaults entered by the Clerk on October 18, 2023, and October 24, 2023, be set aside and the default judgment entered on April 9, 2024, be vacated, permitting defendants to file an answer to plaintiff’s Complaint within ten (10) days of receipt of the signed Order setting aside default. The parties agree that this Stipulation may be signed in counterparts and a facsimile signature is as binding as an original.

(Stip. filed 5/3/2024, p.2.)

Since both Plaintiff and Defendants’ counsel signed the stipulation, Defendants’ motion to set aside default and vacate default judgment is GRANTED. The defaults entered on 10/18/2023 and 10/23/2024 are vacated. The default judgments entered on 4/9/2024 are vacated. Defendants are permitted to file an answer to Plaintiff’s Complaint within 10 days of receipt of the signed order setting aside default.