Judge: Lee W. Tsao, Case: 22NWCV00052, Date: 2024-02-13 Tentative Ruling

Case Number: 22NWCV00052    Hearing Date: February 13, 2024    Dept: C

Tanya Camburn, et al. vs Claire Camburn

Case No.: 22NWCV00052

Hearing Date: February 13, 2024 @ 9:30 AM

#2

Tentative Ruling

Defendant Claire Camburn’s Motion to Vacate Entry of Default is GRANTED.  Defendant is ORDERED to file and serve her Answer within 5 days.

Defendant to give notice.

No Opposition as of February 9, 2024.

Background

This is a familial probate dispute between Plaintiff Tanya Camburn (“Tanya”) and her mother, Defendant Claire Camburn (“Claire”).  Tanya and her boyfriend, Isaac Leonard (“Isaac”), lived at Claire’s home.  A dispute arose between Tanya and Claire over the probate of Claire’s mother and Tanya’s grandmother, Eunice M. Camburn. 

On January 20, 2022, Tanya and Isaac, in pro per, filed the Complaint in this action alleging: (1) Defamation; (2) Intentional Infliction of Emotional Distress; (3) Retaliatory Eviction; (4) Breach of Fiduciary Duty; (5) Negligence; (6) Constructive Fraud; (7) Breach of the Implied Covenant of Good Faith and Fair Dealing; (8) Fraud and Fraud in the Inducement; and (9) Conversion. (See Compliant.) 

On November 4, 2022, almost 11 months later, Tanya filed an amended Proof of Service. (See Amended Proof of Personal Service, November 4, 2022.) Tanya and Isaac failed to appear for several court hearings, so the Court scheduled an Order to Show Cause re: Dismissal on February 10, 2023.  On February 10, 2023, while in Department SE-F, Tanya gave Claire a signed letter promising to “drop [her] lawsuit.” (See Claire Decl., ¶3, Exh. A.) Claire argues she relied on Tanya’s statement and believed the Complaint would be dismissed.

Default was entered against Claire on July 10, 2023.  Claire filed the instant motion on October 19, 2023 on the ground that default was entered by inadvertence or excusable neglect as Claire was led to believe this lawsuit would be dismissed.

“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (CCP §473(b).)

Pursuant to CCP § 473(b), and the public policy in favor of adjudicating cases on the merits, the court accepts Claire’s assertion that she was mistakenly led to believe the lawsuit would be dismissed. 

Accordingly, Defendant Claire Camburn’s Motion to Vacate Entry of Default is GRANTED.