Judge: Christopher K. Lui, Case: 24STCV11501, Date: 2025-01-10 Tentative Ruling

Case Number: 24STCV11501    Hearing Date: January 10, 2025    Dept: 76

            This is an action for breach of a residential lease.

Defendant Aaron Moore moves to set aside the default entered against him.

TENTATIVE RULING

            The hearing on Defendant Aaron Moore’s motion to set aside default is CONTINUED to February 10, 2025 at 8:30 a.m. By January 24, 2024, Defendant is to file a declaration setting forth facts demonstrating that the entry of default was caused by his mistake, inadvertence, surprise, or excusable neglect. Defendant is to give notice of the continuance. 

    Alternatively, if Plaintiff does not oppose the motion (the Court notes that no written opposition was filed), the Court will order that the default be set aside, and that Defendant Moore shall file an answer to the complaint within seven days. 

ANALYSIS

Motion To Set Aside Default and Default Judgment

Defendant Aaron Moore moves to set aside the default entered against him on October 15, 2024.

(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).) 

            Here, the motion to set aside default was filed on November 19, 2024 which is within the six month period set forth in § 473(b) and also with a reasonable time. 

            However, the motion is only supported by a fill-in-the-blanks form which states in conclusory fashion that Defendant, through mistake, inadvertence, and excusable neglect, failed to answer orotherwise appear in that cause for and on his behalf, within the time allowed by law. Defendant did not cite any facts to support his conclusion, nor did he submit a declaration.

            The hearing on the motion to set aside default is CONTINUED to February 10, 2025 at 8:30 a.m. By January 24, 2024, Defendant is to file a declaration setting forth facts demonstrating that the entry of default was caused by his mistake, inadvertence, surprise, or excusable neglect. Defendant is to give notice of the continuance.