Judge: Lee W. Tsao, Case: 22NWCV01106, Date: 2024-03-21 Tentative Ruling

Case Number: 22NWCV01106    Hearing Date: March 21, 2024    Dept: C

MEJIA v. LUNDES

CASE NO.:  22NWCV01106

HEARING: 03/21/24

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Defendant MARIO LUNDES’s unopposed Motion to Set Aside Default is GRANTED.  

Moving Party to give Notice.

No Opposition filed as of March 18, 2024.

Defendant’s Proposed Answer attached as Exhibit A to the Subject Motion is not deemed filed. Defendant MARIO LUNDES is ORDERED to file the Proposed Answer within five court days of the Court’s issuance of this Order.

Default was entered against Defendant Mario Lundes on August 1, 2023.

On September 21, 2023, Defendant Lundes moved to set aside the default under CCP §473(b).

CCP § 473(b), 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 the Declaration of Thomas A. Goodwin sufficient to warrant to relief. The law favors trials on the merits. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.)

The unopposed Motion is GRANTED.