Judge: Jill Feeney, Case: 19STCV20525, Date: 2023-04-25 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 19STCV20525    Hearing Date: April 25, 2023    Dept: 30

#35

19STCV20525

George Pollard v. Metro Transit Authority

Hearing on Motion to Set Aside / Vacate Default and Default Judgment:  Granted.

Defendant Cesar Guerra's Answer to be served and filed within 5-business  days of today's Court's order.

Trial Setting Conference is scheduled for  06/29/2023 at 8:30 a.m.

The Court grants the requested relief.  After weighing the allegations of the parties, the Court finds that Plaintiff's service was improper thereby constituting extrinsic mistake.  The Court finds that the improper service upon Defendant Guerra excused his neglect. Further, this neglect resulted in a large judgment, without an adversary hearing.  Thus, the Court finds that the basis for equitable relief is present.  Moghaddam v. Bone (2006) 142Cal.App.4th 283.  

Counsel for Defendant/Moving Party is ordered to give notice.