Judge: Laura A. Seigle, Case: BC510420, Date: 2024-01-30 Tentative Ruling

Case Number: BC510420    Hearing Date: January 30, 2024    Dept: 15

[TENTATIVE] ORDER RE MOTION TO VACATE DEFAULT JUDGEMENT

            Plaintiff Donald Silva filed this case on May 30, 2013.  On January 13, 2016, Plaintiff obtained entry of default against Defendant Refinery Maintenance, and thereafter a default judgment.  On September 20, 2022, Plaintiff dismissed the entire case without prejudice.  On January 3, 2024, New Hampshire Insurance Company moved to intervenor, vacate the default judgment and file an answer in intervention.

            The motion is granted for the same reasons set out in Mechling v. Asbestos Defendants (2018) 29 Cal.App.5th 1241.  Intervenor is to file the answer immediately.  The court sets a trial setting conference for February 29, 2024 at 9 a.m.  The parties are to meet and confer in person or by video conference to agree on a schedule to complete all discovery, including confirmed dates for depositions and any motion for summary judgment.  By February 23, 2024, the parties are to file a joint report containing the discovery schedule and confirmed dates.  Given the age of this case, the parties should prepare for a trial date this year.  Intervenor is to give notice.

            The moving party is to give notice.