Judge: David A. Hoffer, Case: 30-2022-01246395, Date: 2023-05-22 Tentative Ruling

Defendant Michael Krieg Oltmanns’ (“Defendant”) unopposed Motion to Set Aside Default (“Motion”) is GRANTED.

The court finds Defendant’s Motion was in compliance with the requirements of Civ. Proc. Code § 473(b) and that nothing Defendant himself did caused the default to be taken against him.  (Civ. Proc. Code § 473(b); Rogalski v. Nabers Cadillac (1992) 11 Cal. App. 4th 816, 819-20.) The court also finds there is no evidence of any prejudice to plaintiffs Kim O’Neil and Thomas O’Neil in granting this Motion.

The court hereby orders the default taken against Defendant to be set aside.  Defendant is ordered to file his response to the complaint within 5-days of the hearing.

Defendant is ordered to give notice of this ruling.