Judge Lee W. Tsao, Case Number: 23NWCV01366, Date: 2023-10-16 Tentative Ruling

Judge: Lee W. Tsao, Case: 23NWCV01366, Date: 2023-10-16 Tentative Ruling

Case Number: 23NWCV01366 Hearing Date: November 15, 2023 Dept: C

troncoso v. anderson

CASE NO.: 23NWCV01366

HEARING: 11/15/23 @ 9:30 AM

Defendant’s Motion to Set Aside Default Judgment is GRANTED.

Moving Party to give NOTICE.

Defendant Sagitta Anderson (Defendant) moves for an order setting aside entry of default against her.

Background

On May 5, 2023 Plaintiff Kaylee Troncoso (Plaintiff) filed a Complaint for personal injuries arising from a motor vehicle incident. Plaintiff’s request for entry of default was entered on September 13, 2023. On September 29, 2023, Defendant moved to set aside default.

Legal Standard

“When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.” (CCP § 473.5.)

Discussion

Here, Defendant’s Motion to Set Aside Default is within the six month period allowed by CCP § 473. Thus, there is a strong public policy in favor of granting Defendant’s Motion.

Defendant argues that she mistakenly believed that her automobile insurance carrier was handling the claim against her and, thus, believed that she did not have to respond or take any action related to the service of the Complaint. Plaintiff argues that it was not a mistake to ignore the service, counsel attempted to reach out to Defendant’s insurance carrier but received no response, and Plaintiff offered to stipulate to setting aside default if Defendant paid $1,500.00 for fees and costs related to filing the default. The court determines that Defendant’s mistake as to the necessity of responding to the lawsuit is reasonable because she is unfamiliar with the nature of legal proceedings. (Anderson Decl., ¶ 4.) Thus, default judgment is set aside due to Defendant’s mistake.

Accordingly, Defendant’s Motion to Set Aside Default Judgment is GRANTED. Defendant is ordered to file the Answer attached to this Motion within 10 days of this Order.