Judge: Joel R Wohlfeil, Case: 37-2023-00008927-CU-BC-CTL, Date: 2023-08-04 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - July 20, 2023

07/21/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00008927-CU-BC-CTL NICHOLSON VS SHLOMO RECHNITZ [IMAGED] CAUSAL DOCUMENT/DATE FILED: Amended Motion, 05/30/2023

The Motion (ROA # 31, 38) of Defendants SHLOMO RECHNITZ and PHIL PADILLA ('Defendants') for an Order for relief from the Defaults entered against Defendants by this Court Clerk on April 25, 2023 (to Defendant Shlomo Rechnitz) and May 3, 2023 (to Defendant Phil Padilla), is GRANTED.

Defendants are ordered to immediately separately file with the Court and serve an identical copy of the Answer that is attached to the declaration of Vona S. Ekpebe as 'Exhibit 4.' This is necessary so that the Answer can be assigned a separate Register of Action number.

Regarding Defendant Padilla, this Motion is made within six (6) months of the entry of default and the Ekpebe declaration sets forth the mistake of council and the resulting entry of default. Code Civ. Proc.

473(b).

Regarding Defendant Rechnitz, the declaration of Defendant Padilla is evidence that service of the summons did not result in actual notice to Defendant Rechnitz in time to defend the action. Code Civ.

Proc. 473.5.

Calendar No.: Event ID:  TENTATIVE RULINGS

2978896  9