Judge: Elaine W. Mandel, Case: 24SMCV05087, Date: 2025-04-24 Tentative Ruling

Case Number: 24SMCV05087    Hearing Date: April 24, 2025    Dept: P

Tentative Ruling

Diversitas Holdings v. Marrero, Case no. 24SMCV05087

Hearing date April 24, 2025

Defendant Marrero’s Motion to Set Aside Default

Plaintiff Diversitas Holdings sued defendant Marrero for breach of contract arising from unpaid debts following defendant's lease of a commercial vehicle. The court entered default on 12/06/24. Min. Order 3/6/25. Defendant moves to set aside. The motion is unopposed.

Under Cal. Code of Civ. Proc. §473(b), the court may set aside a dismissal taken against a party through “mistake, inadvertence, surprise, or excusable neglect.” Relief under §473 should be liberally granted because public policy favors resolution of disputes on the merits, rather than through technical default. E.g., Fasuvi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 685. 

Defendant filed a responsive affidavit after being served on 11/25/24. Mtn. 2:10-12. Defendant argues the affidavit contained the elements of a responsive answer and should have been accepted as such per Kreutzer v. County of San Diego (1984) 153 Cal.App.3d 62, 69. The court has no record of defendant having filed such an affidavit. Defendant appeared in court at hearing 3/6/25 and expressed his intent to participate in litigation. Min. Order 3/6/25.

California law favors resolution on the merits. Defendant expressed desire to participate, retained counsel and offers his proposed answer as exh. A to the motion. Plaintiff does not oppose. Defendant’s motion to set aside the default is GRANTED; the answer is to be filed forthwith as a stand-alone document within 5 court days.