Judge: Elaine W. Mandel, Case: 22SMCV00633, Date: 2025-01-28 Tentative Ruling

Case Number: 22SMCV00633    Hearing Date: January 28, 2025    Dept: P

Tentative Ruling

JPMorgan Chase Bank v. Beyince, Case no. 22SMCV00633

Hearing date January 28, 2025

Plaintiff’s Motion to Set Aside Judgment and Dismiss Without Prejudice

Plaintiff JPMorgan Chase Bank sued defendant for $30,640.38 in unpaid credit card bills. Default was entered 7/22/22. A writ of execution was issued 4/10/23. Plaintiff now moves to set aside the judgment and dismiss without prejudice. No opposition was filed.

Cal. Code Civ. Proc. §473(d) provides that the court may, upon motion of the injured party, set aside any void judgment or order.

Plaintiff states “After judgment was entered in this case, information was provided to Plaintiff regarding the underlying account. Following investigation, Plaintiff determined that in the interest of justice and fairness, and also in accordance with §473(d), that the Default and Default Judgment entered against Defendant should be set aside, and the matter be dismissed without prejudice.” Mtn. 3: 15-18; decl. “Counsel” para. 6. Plaintiff filed proof of service via mail 10/17/24. Plaintiff has complied with the notice requirements of §473(d). GRANTED.