Judge: Lee W. Tsao, Case: 22NWCV01398, Date: 2023-03-15 Tentative Ruling

Case Number: 22NWCV01398    Hearing Date: March 15, 2023    Dept: C

MGP IX LINCOLN STATION, LLC v. SILOAM ENTERPRISE, LLC

CASE NO.:  22NWCV01398

HEARING: 03/15/23

#7

TENTATIVE ORDER

Defendant SILOAM ENTERPRISE, LLC’s Motion to Set Aside Default and Default Judgment is GRANTED.  The Writ of Execution is hereby quashed. Defendant is no longer ordered to pay daily rent in the sum of $4,279.00.

Moving Party to give Notice.

Defendant SILOAM ENTERPRISE, LLC’s Proposed Answer attached to the Declaration of Roy A. Koletski are not deemed filed. Defendant SALGADO is ORDERED to shall file the Proposed 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 Wednesday, April 14, 2023 at 8:30 a.m. in Dept. SE-F.

Default Judgment by Clerk was entered on January 23, 2023.

Defendant moves to set aside the default 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 Bora Park’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 Defendant the opportunity to defend itself on the merits of this action.

The Motion is GRANTED.