Judge: Elaine W. Mandel, Case: 22SMCV01936, Date: 2023-09-01 Tentative Ruling

Case Number: 22SMCV01936    Hearing Date: September 1, 2023    Dept: P

Tentative Ruling

Givens et al. v. Mora, Case No. 22SMCV01936

Hearing Date September 1, 2023

Defendant Mora’s Motion to Set Aside Default Judgments

Default in this motor vehicle case was entered against defendant Givens on February 24, 2023, and default judgment entered on April 25, 2023. Mora argues the judgment is void and moves to set aside.

Under Cal. Code of Civ. Proc. §473(b), a court may set aside a default taken through “mistake, inadvertence, surprise, or excusable neglect.”

Defendant alleges he was never served with the complaint and summons and did not become aware of the lawsuit until July 11, 2023, when he was notified by his insurance company. Mora declaration ¶2. He has not lived at the address identified in the proof of service since 2018 or 2019, when he moved to his current residence. Mora declaration ¶¶5-7. Mora provides documents verifying his current address. Mora declaration, exhibit G.

Plaintiffs dispute Mora’s declaration, pointing to their process server Shawn O’Malley’s declaration. O’Malley states the person he served matched Mora’s description and the picture on his driver’s license. Exhibit 1, O’Malley declaration. Plaintiffs argue the court should grant more weight to the O’Malley declaration, since it is more detailed than Mora’s declaration.

Given the strong public policy in favor of resolving matters on the merits, rather than through default, a defendant who promptly came to the court seeking relief from default and who wishes to participate in the litigation, the motion is GRANTED. Defendant to answer within 15 days.