Judge: James A. Mangione, Case: 37-2022-00020847-CU-BC-CTL, Date: 2023-10-13 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 14, 2023

09/15/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00020847-CU-BC-CTL 1025 PROSPECT LLC VS MEHRVIJEH [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Rastin Mehrvijeh's Motion to Set Aside Default is granted.

The Court finds that it serves the interests of justice to set aside the default against Defendant. There is a factual dispute over the effectiveness of service, Defendant has satisfied the procedural prerequisites of CCP § 473(b) and relief was sought less than a month after entry of default. 'Because the law favors disposing of cases on their merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.' (Shapiro v. Clark (2008) 164 Cal.App.4th 1128, 1139 (quotation marks and alterations omitted).) Defendant is ordered to file the proposed answer within five (5) court days.

The minute order is the order of the Court.

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