Judge: Cynthia A Freeland, Case: 37-2021-00030590-CU-PO-NC, Date: 2023-12-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 28, 2023

12/29/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00030590-CU-PO-NC YOUNG VS TOPPING [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/29/2023

Defendant Michael Topping ('Defendant')'s motion for relief from default judgment is granted.

Plaintiff Tammie R. Young ('Plaintiff') notes, while Defendant's motion is styled as a 'Motion for Relief from Default Judgment,' this matter proceeded to judgment by way of an uncontested trial. As a result, the court construes Defendant's motion as a motion for relief from judgment, which Defendant may request under California Code of Civil Procedure ('CCP') § 473(b). In particular, CCP § 473(b) provides that '[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.' Cal. Code Civ. P. § 473(b). An application to set aside a judgment under CCP § 473(b) must be made within a reasonable time, and in no case may exceed six months after entry of judgment. Moreover, because the law favors judgments on the merits, when a court is presented with a motion for relief, 'doubts must be resolved in favor of relief, with an order denying relief scrutinized [on appeal] more carefully than an order granting it.' Lasalle v. Vogel (2019) 36 Cal. App. 5th 127, 134.

In this case, while Plaintiff argues that Defendant, after service of the operative pleading in August 2022, should have taken reasonable steps to ascertain the status of the proceedings and any pertinent deadlines/dates, the fact remains that at the April 8, 2022 Case Management Conference, the court ordered Plaintiff's counsel to give notice of all dates set. See ROA No. 15. Notwithstanding this, Defendant credibly declares, which declaration Plaintiff does not refute, that he was never served with notice of the dates set at the April 8, 2022 Case Management Conference. See Topping Decl., ¶¶ 7-9.

In sum, the court is persuaded that an order setting the judgment aside is warranted given that Defendant has demonstrated the requisite surprise and/or excusable neglect.

To the extent that Plaintiff requests an award of monetary sanctions, the court respectfully denies said request. Notably, CCP § 473(c)(1) provides that: Whenever the court grants relief from a default, default judgment, or dismissal based on any of the provisions of this section, the court may do any of the following: (A) Impose a penalty of no greater than one thousand dollars ($1,000) upon an offending attorney or party.

(B) Direct that an offending attorney pay an amount no greater than one thousand dollars ($1,000) to the State Bar Client Security Fund.

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3029490 CASE NUMBER: CASE TITLE:  YOUNG VS TOPPING [IMAGED]  37-2021-00030590-CU-PO-NC (C) Grant other relief as is appropriate.

Cal. Code Civ. P. § 473(c)(1)(A)-(C). The court concludes that it would be inappropriate to sanction Defendant given the aforementioned service and notice issues in this case.

In light of the foregoing, the court grants the motion and sets aside the Judgment entered on May 10, 2023. See ROA No. 25. Counsel shall attend the hearing prepared to discuss new trial and trial-related dates.

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3029490