Judge: Elaine W. Mandel, Case: 23SMCV03746, Date: 2024-09-12 Tentative Ruling

Case Number: 23SMCV03746    Hearing Date: September 12, 2024    Dept: P

Tentative Ruling

Mosley v. PC California Grill, Inc., et al. Case No. 23SMCV03746

Hearing Date: September 12, 2024

Defendant PC California Grill, Inc.’s Motion for Order Vacating and Setting Aside Default Judgment and Granting Leave to Defend (UNOPPOSED)

Mosley brings an Unruh Civil Rights Act claim against PC California Grill, alleging failure to provide public accommodation. Default was entered June 14, 2024 against PC, which moves for an order setting aside the default and for leave to defend the action. No opposition has been filed.

The motion is timely filed within six months of the entry of default. PC’s declaration of counsel states the company had no prior knowledge of nor was served with the lawsuit. Osborne Decl. ¶3. However, per the proof of service, PC was personally served on February 3, 2024. See 02/15/24 Proof of Service.

Nevertheless, based on the declaration of counsel, public policy favoring adjudication on the merits rather than via default and lack of opposition, the motion is GRANTED. PC to answer within 10 court days.