Judge: Christopher K. Lui, Case: 19STCV02056, Date: 2025-05-13 Tentative Ruling

Case Number: 19STCV02056    Hearing Date: May 13, 2025    Dept: 76

            Plaintiffs allege that Defendants have failed to remedy uninhabitable conditions at the apartment building which Plaintiffs lease from Defendants.

Defendants Young Kook Choi and Yeong A Ryu filed a Cross-Complaint against the former owners of the subject property, as well as the real estate agents and/or brokers for the sellers and buyers.

Cross-Complainants/Defendants Young Kook choi and Yeong Ae Ryu, in pro per move to set aside the dismissal of the First Amended Cross-Complaint.

TENTATIVE RULING

Cross-Complainants/Defendants Young Kook choi and Yeong Ae Ryu, in pro per move to set aside the dismissal of the First Amended Cross-Complaint is DENIED without prejudice. If Cross-Complainants bring a renewed motion, they must submit a copy of the proposed default judgment package..

ANALYSIS

Motion To Set Aside Dismissal

Cross-Complainants/Defendants Young Kook choi and Yeong Ae Ryu, in pro per move to set aside the dismissal of the First Amended Cross-Complaint. On February 27, 2025, the court dismissed the First Amended Cross-Complaint without prejudice on the ground that due to cross-complainants’ nearly yearlong failure to obtain default judgment, or to even submit a complete default judgment package, and further continuances would be futile.

The basis for this motion is that Cross-Complainants mistakenly believed that after obtaining default entries, the Court would automatically issue a default judgment. This misunderstanding led to the failure to submit a proper default judgment package.

Upon realizing their mistake, Cross-Complainants promptly retained assistance and prepared the correct documentation to file with the Court. (See Declaration of Young Kook Choi and Yeong Ae Ryu.)

Civ. Proc. Code, § 473(b) provides in pertinent part:

(b) 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. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.

     (Civ. Proc. Code, § 473(b)[bold emphasis added].)

Here, Cross-Complainants did not submit the proposed default judgment package. As such, the motion “shall not be granted.” (Civ. Proc. Code, § 473(b).)

The motion to set aside dismissal is DENIED without prejudice. If Cross-Complainants bring a renewed motion, they must submit a copy of the proposed default judgment package..