Judge: James A. Mangione, Case: 37-2023-00005255-CU-BC-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  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 Demurrer / Motion to Strike 37-2023-00005255-CU-BC-CTL SCHNEIDER VS. SCHNEIDER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendant Ronald D. Schneider's Motion to Set Aside Default is denied without prejudice.

'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, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.' (CCP § 473(b).) Defendant appears to attempt to incorporate the answer he filed on March 13, 2023, in Schneider v. Schneider, Case Number 37-2023-00005265-CU-BC-CTL, to the instant motion. However, this is procedurally improper as the application must include 'a copy of the answer or other pleading proposed to be filed therein.' It is not enough for Defendant to reference a document filed in a separate case.

Defendant's Motion to Strike is denied without prejudice because the Court cannot adjudicate the motion while Defendant is still in default.

At the hearing, the Court will address the Schneider v. Schneider matter, Case Number 37-2023-00005265-CU-BC-CTL, pending in Department 73 before Judge Joel Wohlfeil.

The minute order is the order of the Court.

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