Judge: Lee W. Tsao, Case: 22NWCV00323, Date: 2023-01-17 Tentative Ruling

Case Number: 22NWCV00323    Hearing Date: January 17, 2023    Dept: C

HARTON v. JACOBS

CASE NO.:  22NWCV00323

HEARING:  1/17/23 @ 10:30 AM

#3

TENTATIVE RULING

Defendant Jacobs’s unopposed motion to vacate request for entry of default is GRANTED. 

Moving Party to give NOTICE.

Defendant Jacobs moves to set aside entry of default pursuant to CCP § 473.

“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).)

A default was entered against Defendant Peace Lutheran on August 29, 2022.  The motion was filed within the 6-month filing deadline, and is timely.

The court accepts Defendant Jacobs’s declaration, attesting that Defendant was never served with the Amended Complaint via personal service.
(Jacobs Decl. ¶ 11.)  There is no opposition.

Accordingly, the motion is GRANTED. 

Sanctions:  “Whenever the court grants relief from a default, default judgment, or dismissal based on any of the provisions of this section, the court may do any of the following:  (A) Impose a penalty of no greater than one thousand dollars ($1,000) upon an offending attorney or party.  (B) Direct that an offending attorney pay an amount no greater than one thousand dollars ($1,000) to the State Bar Client Security Fund.  (C) Grant other relief as is appropriate.”  (CCP § 473(c)(1).)

The court declines to impose sanctions against Defendant because substantial justification exists.