Judge: Lee W. Tsao, Case: 22NWCV00352, Date: 2023-05-18 Tentative Ruling

Case Number: 22NWCV00352    Hearing Date: May 18, 2023    Dept: C

NATIONAL COMMERCIAL RECOVERY, INC. v. NAVPEAK INC.

CASE NO.:  22NWCV00352

HEARING: 05/18/23

#1

TENTATIVE ORDER

Defendant KENNETH REDDING’s Motion to Set Aside Default and Default Judgment is DENIED without prejudice.

Opposing Party to give Notice.

“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….” (emphasis added.) (CCP §473(b).) CCP §473.5 also mandates that a motion made for lack of notice must be accompanied by “a copy of the answer, motion, or other pleading proposed to be filed….”

Here, there is no answer, motion, or other pleading attached with the moving papers. The terms of CCP §§473(b) and 473.5 are mandatory, compliance is not optional.

Accordingly, the motion is DENIED without prejudice.