Judge: Lee S. Arian, Case: 21STCV40215, Date: 2024-08-05 Tentative Ruling

Case Number: 21STCV40215    Hearing Date: August 5, 2024    Dept: 27

Hon. Lee S. Arian, Dept 27

MOTION TO VACATE DEFAULT JUDGMENT

Hearing Date: 8/5/24 

CASE NO./NAME: 21STCV40215 VINCENT VONGKAVIVATHANAKUL vs ISREAL MENDEZ

Moving Party: Defendant ISRAEL MENDEZ

Responding Party: UNOPPOSED

Notice: Sufficient 

Ruling: MOTION TO VACATE DEFAULT JUDGMENT IS GRANTED 

On November 2, 2021, Plaintiff filed the present action against defendants, including Defendant Israel Mendez. On December 18, 2023, a default judgment was entered against Defendant Mendez. Defendant now moves the court for relief from default. Defendant filed a declaration stating that he began serving a prison sentence in June 2021, 5 months prior to the filing of the present complaint. In November 2022, he was allowed to complete his sentence through a Male Community Re-entry Program. Although Defendant received mail relating to this lawsuit in April 2023, the rules of the re-entry program prohibited him from attending court, and the hearing dates conflicted with those for his criminal matter. The court finds that for the majority of the time, Defendant was unable to respond due to his incarceration and the rules of his re-entry program, and relief should be granted pursuant to Payne v. Superior Court (1976) 17 Cal.3d 908, in which the court found a prisoner’s inability to personally appear in court, falls under the category of excusable neglect. No opposition was filed, and a copy of the proposed answer was submitted. Thus, the court grants the present motion and vacates its December 18, 2023 order.

PLEASE TAKE NOTICE: 

If a party intends to submit on this tentative ruling,¿the party must send an email to the court at¿sscdept27@lacourt.org¿with the Subject line “SUBMIT” followed by the case number.¿The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.

Unless¿all¿parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.¿You should assume that others may appear at the hearing to argue.

If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.¿ After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion.