Judge: H. Jay Ford, III, Case: 21SMCV00285, Date: 2023-10-19 Tentative Ruling


Case Number: 21SMCV00285    Hearing Date: April 2, 2024    Dept: O

Case Name:  Wintrust Specialty Finance v. Screamline Investment Corporation, et al.

Case No.:

21SMCV00285

Complaint Filed:

2-9-21

Hearing Date:

4-2-24

Discovery C/O:

12-26-23

Calendar No.:

2

Discovery Motion C/O:

1-8-24

POS:

OK

 Trial Date:

7-15-24

SUBJECT:                 MOTION TO SET ASIDE DEFAULT

MOVING PARTY:   Cross-Defendant Advantage Funding Commercial Credit Corp.

RESP. PARTY:         Defendant/Cross–Complainant Screamline Investment Corporation, et al.

 

TENTATIVE RULING       

            Cross-Defendant Advantage Funding Commercial Credit Corp.’s Motion to Set Aside Default on Cross-Complaint pursuant to CCP § 473(b) is GRANTED. Cross-Defendant provided enough evidence to show excusable mistake, inadvertence of neglect, the motion was filed with diligence upon receiving notice of default, and a proposed answer was filed with the motion. Defendant Cross–Complainant Screamline Investment Corporation, et al. offered no evidence of prejudice if motion was granted.

 

            Defendants/Cross-Complainants Screamline Investment Corporation, et al.’s Objections are OVERRULED.