Judge: Lee S. Arian, Case: 22STCV36020, Date: 2025-04-22 Tentative Ruling
Case Number: 22STCV36020 Hearing Date: April 23, 2025 Dept: 27
SUPERIOR COURT OF
THE STATE OF CALIFORNIA
FOR THE COUNTY OF
LOS ANGELES - CENTRAL DISTRICT
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RICHARD BISHOP, Plaintiff, vs. KAYLA GERALYNN ATLAS, et al. Defendants. |
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[TENTATIVE RULING] MOTION TO VACATE IS DENIED Dept. 27 1:30 p.m. April 22, 2025 |
On
September 10, 2024, judgment was entered against Defendant Kayla Atlas in favor
of Plaintiff Richard Bishop. Defendant now moves the Court to vacate the
default judgment pursuant to Code of Civil Procedure section 473(b), based on
inadvertence, surprise, mistake, or excusable neglect. However, this motion is
untimely. It was filed on March 12, 2025, more than six months after entry of
judgment. The six-month deadline under section 473(b) is jurisdictional and the
deadline is strictly construed Accordingly, the motion is denied.
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.
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Hon. Lee S. Arian Judge of the Superior Court |