Judge: Jon R. Takasugi, Case: 23STCV12452, Date: 2024-02-28 Tentative Ruling

Case Number: 23STCV12452    Hearing Date: February 28, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s request to vacate the default judgment in this action is GRANTED. Plaintiff’s case is dismissed pursuant to the dismissal filed 1/26/2024.  

            On 6/1/2023, Plaintiff Jamison 5455 Wilshire, LLC (Plaintiff) filed an unlawful detainer action against US Warehouse, Inc.

            On 7/10/2023, default was entered against Defendant.

On 7/13/2023, Plaintiff obtained a default judgment.

On 7/26/2023, a writ of possession was issued and Defendant was locked out of the Premises on 10/10/2023 by the Los Aneles County Sherriff’s Department.

Now, on 1/26/2024, Plaintiff moves for the Court to vacate the default judgment, and dismiss this action.

The motion is unopposed.

Discussion

            Plaintiff seeks to vacate the default and default judgment it obtained on the basis that Plaintiff and Defendant have entered a new lease amendment for continuance of their lease term. Plaintiff then intends to dismiss this action.

Pursuant to CCP section 473c, 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.

            Here, the circumstances are a bit unusual in that it is Plaintiff who is seeking to set aside his own judgment. However, given the Court’s authority to set aside default judgments against Defendant, the Court’s authority must naturally extend to setting aside a judgment at the prevailing party’s own request. This is especially true when the setting aside of default is necessary for Plaintiff to dismiss this action, and Plaintiff has already filed a pending dismissal.

            Based on the foregoing, Plaintiff’s request to vacate the default judgment in this action is granted. Plaintiff’s case is dismissed pursuant to the dismissal filed 1/26/2024.  

It is so ordered.

Dated:  February    , 2024

   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.