Judge: Elaine W. Mandel, Case: 23SMC04458, Date: 2024-05-22 Tentative Ruling

Case Number: 23SMC04458    Hearing Date: May 22, 2024    Dept: P

Tentative Ruling

Maxim Commercial Capital v. Multi Cultural Facility Management, Case no. 23SMC04458

Hearing Date May 22, 2024

Defendant Garry Colas’ Motion to Set Aside Default Judgment

On September 21, 2023 plaintiff sued Multi Cultural Facility Management and Garry Colas for (1) breach of contract; (2) breach of guaranty; (3) money lent; and (4) recovery of personal property. On December 15, 2023, default was entered against defendants. On April 16, 2024 defendant Colas, in pro per, moved to set aside. The matter was previously continued by the court to give plaintiff sufficient notice.

California Rules of Court, rule 3.1112(a) requires that motions consist of a notice of hearing, the motion, and a memorandum of points and authorities. California Rules of Court, rule 3.1113(b) requires the supporting memorandum contain “a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.”

California Code of Civil Procedure section 473(b) provides 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.” Any request for relief must be accompanied by declarations or other evidence showing the “mistake, inadvertence, surprise, or excusable neglect.” Id.

Defendant Colas moves to set aside, but failed to satisfy California Rules of Court, rules 3.1112(a) and 3.1113(b) by not providing a supporting memorandum of points and authorities. Further, defendant failed to satisfy California Code of Civil Procedure section 473(b) by not providing evidence of mistake, inadvertence, surprise, or excusable neglect and a copy of an answer or other pleading proposed to be filed. DENIED.