Judge: Daniel S. Murphy, Case: 24STCV07459, Date: 2024-06-21 Tentative Ruling

Case Number: 24STCV07459    Hearing Date: June 21, 2024    Dept: 32

BACKGROUND

            On March 25, 2024, Plaintiff Maria Brizuela filed this action against Defendants Pacific Energy Network LLC, Cross River Bank, and Business Alliance Insurance Company.

On May 14, 2024, the Court entered default against Defendant Business Alliance Insurance Company.           

On May 23, 2024, Defendant Business Alliance Insurance Company filed the instant motion to set aside the default. Plaintiff filed her opposition on June 7, 2024.

LEGAL STANDARD

“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.” (Code Civ. Proc., § 473(b).) Because the law favors resolution on the merits, doubts are resolved in favor of the party requesting relief, and only “slight evidence” is needed to justify relief. (Caldwell v. Methodist Hospital (1994) 24 Cal.App.4th 1521, 1524.) “[C]ourts have often granted relief pursuant to the discretionary relief provision of section 473 if no prejudice to the opposing party will ensue.” (Comunidad en Accion v. Los Angeles City Council (2013) 219 Cal.App.4th 1116, 1132-1133.)

DISCUSSION

            “The ethical obligation to warn opposing counsel of an intent to take a default is now reinforced by a statutory policy that all parties ‘cooperate in bringing the action to trial or other disposition.’ ([CCP] § 583.130.) Quiet speed and unreasonable deadlines do not qualify as ‘cooperation’ and cannot be accepted by the courts.” (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 137.)

Plaintiff requested entry of default a mere eight days after the deadline without attempting to contact Defendant about its response to the complaint. (See Valdez Decl. ¶ 7.) Defendant contacted Plaintiff two days after discovering the default and eight days after the default had been entered. (Mo Decl. ¶¶ 5-6.) This motion was filed nine days after the default was entered. Because Defendant acted promptly, and Plaintiff has shown no prejudice, relief is warranted under the policy in favor of resolution on the merits.     

CONCLUSION

            Defendant Business Alliance Insurance Company’s motion to set aside default is GRANTED.