Judge: Carolyn M. Caietti, Case: 37-2022-00028102-CU-MC-CTL, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2022-00028102-CU-MC-CTL PILLARS OF THE COMMUNITY VS WEBB [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Denise Webb's Motion to Set Aside the Default and Default Judgment is GRANTED.

Plaintiff's sur-reply objection is overruled.

The motion is granted under C.C.P. section 473.5 as the motion is timely, Defendant did not receive 'actual notice' of the lawsuit in time to defend it, there is no evidence the lack of actual notice was due to avoidance of service or inexcusable neglect and Defendant provided a proposed answer. (C.C.P., § 473.5(a)-(c); Declaration of Denise Webb, at ¶¶ 6-11 & Ex. G.) Defendant has not resided at the address where substitute service was made since 2008. (Webb Decl., at ¶ 6.) She has renters living at that property and provided various lease agreements. (See, ROA 45 – Ex. B [Lease with Santino & Roshawn Smith & Hope Haynie for a tenancy between March 1, 2022 through March 1, 2023].) She did not know about the lawsuit until June 21, 2023 and after entry of default judgment, when she met with contractors at the building underlying this dispute and 'three guys walked in and began informing us that they work for Pillars and that Pillars now owns the building...' (Id., at ¶ 9.) Police were called after 'things became heated,' Defendant was encouraged to leave and she found the lawsuit online and downloaded the filings. (Id., at ¶ 10.) For these same reasons, there is also sufficient evidence under C.C.P. section 473(b) to relieve Defendant from the judgment based on her inadvertence and/or surprise. C.C.P. section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. In such situations very slight evidence is required to justify a court in setting aside the default. (Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 695-96 (citations & quotations omitted).) Moreover, because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default. (Ibid.) A trial court order denying relief is scrutinized more carefully than an order permitting trial on the merits. (Ibid.) For these reasons, the motion is GRANTED.

Concluding Orders The default judgment and default against Defendant Denise Webb are ordered to be set aside and vacated. The case is reinstated.

Defendant is ordered to separately file and serve the proposed answer (Ex. G) by September 29, 2023.

Calendar No.: Event ID:  TENTATIVE RULINGS

2997980  46 CASE NUMBER: CASE TITLE:  PILLARS OF THE COMMUNITY VS WEBB [IMAGED]  37-2022-00028102-CU-MC-CTL The Court sets a Case Management Conference on November 3, 2023, at 10:15 a.m. in Department 70.

This minute order will be the final order of the Court if the tentative ruling is confirmed without modification. The Clerk of the Court is ordered to serve notice of the Court's final ruling.

For future motions, the parties are reminded to comply with Department 70's Policies and Procedures (available on the San Diego Superior Court website) and to provide courtesy copies of all motion paperwork.

Calendar No.: Event ID:  TENTATIVE RULINGS

2997980  46