Judge: Lee S. Arian, Case: 22STCV14552, Date: 2025-05-27 Tentative Ruling

Case Number: 22STCV14552    Hearing Date: May 27, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Pursuant to Code of Civil Procedure section 473(b), Defendant Yvonne Jimenez moves to set aside the default entered against her on February 13, 2025.  Under section 473(b), the Court may relieve a party from a default judgment entered as a result of mistake, inadvertence, surprise, or excusable neglect. The moving party must seek relief within six months of the entry of default and provide evidence that the neglect or mistake was reasonable under the circumstances. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.)

Here, the motion is timely, as it was filed within six months of the February 13, 2025 default. Defendant submits a declaration explaining that she did not reside at the address where service was effected, as it was her mother’s residence. She only became aware of the lawsuit when her mother informed her of the documents. Defendant did not understand the nature of the documents served and, despite efforts to obtain legal assistance, was unable to secure representation until she retained current counsel on March 31, 2025. Counsel then promptly moved to vacate the default. The Court finds that Defendant’s failure to respond was the result of excusable neglect, based on her confusion about the legal process and the improper service address. Once retained, defense counsel acted diligently to investigate the case, contact Plaintiff’s counsel, and prepare the present motion. These facts satisfy the requirements for discretionary relief under Code of Civil Procedure section 473(b).

Furthermore, Plaintiff did not oppose the motion. There is no showing of prejudice beyond a minor delay in the litigation. Although default has been entered, judgment has not been entered.

Accordingly, pursuant to California’s strong public policy favoring resolution of disputes on the merits, the motion is GRANTED. Defendant Yvonne Jimenez is granted leave to file her responsive pleading within 10 court days of this order.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.