Judge: Kenneth J. Medel, Case: 37-2021-00006380-CU-OR-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - March 14, 2024

03/15/2024  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2021-00006380-CU-OR-CTL KAROLIN SADO TRUSTEE OF THE HSJM PACIFIC RIM TRUST VS FORRESTER CAUSAL DOCUMENT/DATE FILED: Memorandum of Points and Authorities, 02/27/2024

Flower Trust's Motion to Set Aside the Judgment entered on February 16, 2024 is GRANTED. Based on the Court's independent review of the Register of Actions, Flower Trust answered the Complaint in this matter on or about April 29, 2021. After the withdrawal of counsel for the various defendant entities, the Court struck answers. However, the Court never struck the answer of Flower Trust. Specifically, the Court ruled on 2/3/23 that 'no action was taken against Flower Trust.' [ROA 159] Given that Flower Trust had answered and had not been defaulted, there was no basis to include Flower Trust in the Default Judgment heard in December, 2023. Nor was there a basis to include Flower Trust in a judgment to be signed by this Court.

The Court sets this default judgment aside against all parties, including the order that the property be awarded to plaintiff.

The Court will hear as to a date for trial.

The Court also orders counsel, Bart Blechschmidt, to appear to explain to the Court why this default prove up included a party who not been defaulted.

Calendar No.: Event ID:  TENTATIVE RULINGS

3079534  28