Judge: Dennis J. Keough, Case: 2022-01267014, Date: 2023-05-18 Tentative Ruling

1)   Default Prove Up Hearing Off Calendar

2)   Motion to Set Aside/Vacate Default

Defendant Martin Murillo’s Motion to Set Aside Default Judgment is GRANTED.

Code of Civil Procedure section 473(b) states in part, “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.”

“The provisions of section 473 are to be liberally construed and sound policy favors the determination of actions on their merits. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.” (Shapell Socal Rental Properties, LLC v. Chico's FAS, Inc. (2022) 84 Cal.App.5th 166, 212–213 (cleaned up).)

Here, Defendant’s declaration demonstrates his failure to timely answer the complaint was due to mistake, inadvertence, or excusable neglect. The motion was filed within a reasonable time not exceeding six months after entry of default and includes a copy of Defendant’s proposed answer. Therefore, the motion is granted.

Prevailing party shall give notice.

Defendant shall file the proposed answer within ten days of this order.