Judge: Joel R Wohlfeil, Case: 37-2021-00021395-CU-PO-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 03, 2023

10/06/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00021395-CU-PO-CTL MCHENRY VS RUIS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside Default, 09/13/2023

The Motion (ROA # 169) of Defendants OSCAR SERRANO RUIZ and SERRANOS TACOS SAN DIEGO, INC. ('Defendants') to set aside the entry of default is GRANTED. Code Civ. Proc. 473(b).

Defendants' evidentiary objections (ROA # 175) are OVERRULED.

This Motion is made within six (6) months of the entry of default. The declaration of Defendant Ruiz sets forth mistake and excusable neglect supporting this motion. As stated, Defendant did not receive notice of the proceeding which resulted in the terminating sanction.

This ruling is made conditional on Defendants sitting for their depositions within twenty (20) days of this hearing. Defendant Serranos Tacos San Diego, Inc. must still obtain counsel of record or its Answer will be stricken on this separate basis.

The Order to Show Cause why the Court should not strike the answer of Defendant Serranos Tacos San Diego, Inc. is set for Thursday November 9, 2023 at 2:30 p.m. in Department 73.

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