Judge: Jon R. Takasugi, Case: 22SMCV02125, Date: 2025-03-05 Tentative Ruling

Case Number: 22SMCV02125    Hearing Date: March 5, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ motion to set aside default is CONTINUED to March 24, 2025.

On 10/25/2022, Plaintiff Arsalan Hamidi (Plaintiff) filed suit against Brett Gagnon, George B. Gagnon, Geminon Properties, LLC, and Ashley R. Gagnon (collectively, Defendants), alleging: (1) violation of Georgia Code section 14-11-313; (2) fraud; (3) negligent misrepresentation; (4) breach of operating agreement; (5) breach of operating agreement; (6) breach of fiduciary duties; (7) constructive fraud; (8) unjust enrichment; (9) conversion; (10) cessation/withdrawal of memberships and management; and (11) cancellation of written instruments. 

            On 1/9/2024, Defendants moved to set aside the entry of default.

Discussion

            On 7/9/2024, default was entered against Defendants. Defendants now move to set aside the entry of default.

Code of Civil Procedure (CCP) section 473, subdivision (b) provides:

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.

Defendants’ motion to set aside, filed 1/9/2024, is untimely.  Still, “[a]fter six months from entry of default, a trial court may still vacate a default on equitable grounds even if statutory relief is unavailable.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981.)

However, Defendants’ motion did not include any proposed pleading and thus must be denied or continued.  Since there is already a related case based upon similar facts pending in this Court (22STCV30718), Defendants will be allowed to supplement their filing with a responsive pleading.

Based on the foregoing, Defendants’ motion to set aside default is continued to March 24, 2025.

It is so ordered.

Dated:  March    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.