TENTATIVE RULING

Defendant McLaren Automotive, Inc.’s Motion to Set Aside Default and Default Judgment is GRANTED.

Defendant McLaren Automotive, Inc.’s Answer is deemed filed as of the date of entry of this order.

Defendant McLaren Automotive, Inc. to give notice.

REASONING

Defendant McLaren Automotive, Inc. (“Defendant”) moves the Court for an order vacating the default entered against it on January 28, 2025, on the ground that defense counsel failed to send an email to a handling attorney, instead saving it as a draft, causing a default to be entered.

Code of Civil Procedure section 473, subdivision (b), provides that “the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any [] resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment . . . unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect.”

Defense counsel has provided a sworn affidavit stating that he attempted to retain the current defense counsel firm to represent Defendant’s interests in this matter, but the assignment email was saved as a draft and was not transmitted to the firm. (Mot., Chon Decl. ¶ 7.) Counsel realized the error on February 6, 2025, after conducting an audit and docket review of open cases, and the default was entered as a result of the inadvertence failure to send the email assigning the action. (Mot., Chon Decl. ¶¶ 8, 11.) This provides a basis for setting aside the default, as counsel has attested to his mistake resulting in the default entered against Defendant. Defendant has also provided a copy of the proposed answer with the motion. (See Code Civ. Proc., § 473, subd. (b) [“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”].) Accordingly, Defendant McLaren Automotive, Inc.’s Motion to Set Aside Default and Default Judgment is GRANTED. Defendant McLaren Automotive, Inc.’s Answer is deemed filed as of the date of entry of this order.