Judge Lee W. Tsao, Case Number: 23NWCV00398, Date: 2023-10-27 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV00398, Date: 2023-10-27 Tentative Ruling

Case Number: 23NWCV00398 Hearing Date: November 30, 2023 Dept: C

MASON v. CHIRINOS

CASE NO.: 23NWCV00398

HEARING: 11/30/23

Defendant Yvette Judith Chirinos’s Motion to Set Aside Default is GRANTED. Defendant’s Proposed Answer attached as Exhibit 1 to the Moving Papers is not deemed filed. Defendant is ordered to file the Proposed Answer within five court days of the issuance of this order.

Moving Party to give Notice.

This action was filed on February 6, 2023. Defendant’s default was entered on September 6, 2023.

Defendant argues that the default entered on September 6, 2023 is void due to the fact that default was entered less than 30 days after the statement of damages was served. “[A] statement of damages pursuant to section 425.11 requires that the personal injury or wrongful death defendant be allowed the same period of time within which to respond to the statement of damages as other defendants are allowed to respond to such amended complaints. Section 471.5 provides 30 days from the date of service of an amendment to a complaint for filing of a responsive pleading.” (Plotitsa v. Sup. Ct. (183) 140 Cal.App.3d 755, 760.) Here, the statement of damages was served on August 30, 2023. Default was entered a mere 7 days later on September 6, 2023.

In addition, “[t]he 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.” (CCP §473(b).) The policy of hearing cases on their merits is well-established. (See, e.g., Berman v. Klassman (1971) 17 Cal.App.3d 900.)

Defendant Chirinos states, “It was my understanding that State Farm would handle the defense as part of my insuring agreement and all I needed to do was provide State Farm with the paperwork I received.” (Chirinos Decl. ¶ 6.) Given the liberality associated with Motions to Set Aside Defaults, the Court finds the Declarations of Yvette Judith Chirinos and Mariela Leon are sufficient to warrant 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 herself on the merits of this action. The Motion is GRANTED.