Judge: Lee W. Tsao, Case: 22NWCV00181, Date: 2023-01-18 Tentative Ruling

Case Number: 22NWCV00181    Hearing Date: January 18, 2023    Dept: C

SIGNATURE FINANCIAL LLC v. KLOSS

CASE NO.:  22NWCV00181

HEARING: 01/18/23

#9

TENTATIVE ORDER

Defendants PRECISION FORGING DIES, INC. and DAN KLOSS’s Motion to Set Aside Defaults and Default Judgments is GRANTED. The Requests for an Order to Quash the Writs of Possession and Execution are GRANTED.

Moving Party to give Notice.

Defendants PRECISION FORGING DIES, INC. and DAN KLOSS’s Proposed Answer attached as Exhibit G to the Declaration of Joseph A. Ferrucci is DEEMED FILED as of the hearing date. However, Defendants PRECISION FORGING DIES, INC. and DAN KLOSS are ORDERED to serve their Answer within five court days of the Court’s issuance of this Order.

All parties are ORDERED to appear for a Case Management Conference on February 22, 2023 at 8:30 a.m. in Dept. SE-F.

Default Judgment by Court was entered on October 19, 2022.

Defendants now move to set aside their defaults under CCP §§473(d), 473.5, and 473(b).

The Court finds sufficient grounds for relief under CCP §473(b), which states that “[t]he court may…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.”

The policy of hearing cases on their merits is well-established. (See, e.g., Berman v. Klassman (1971) 17 Cal.App.3d 900.) Given the liberality associated with Motions to Set Aside Defaults, the Court finds Defendant Dan Kloss’s Declaration sufficient to warrant to relief. The law favors trials on the merits. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) The Court finds adequate grounds to allow Defendants the opportunity to defend herself on the merits of this action.

The Motion is GRANTED.