Judge: Lynette Gridiron Winston, Case: 24PSCV02798, Date: 2025-01-08 Tentative Ruling

Case Number: 24PSCV02798    Hearing Date: January 8, 2025    Dept: 6

CASE NAME:  Zijie Zhuo v. Hsiang Chen Woodby 

Defendant Hsiang Chen Woodby’s Motion to Set Aside Default 

TENTATIVE RULING 

The Court GRANTS Defendant Hsiang Chen Woodby’s motion to set aside default. The Court hereby VACATES the default entered against Defendant on October 15, 2024, and orders Defendant to file and serve the proposed answer within five days of this order. 

             Defendant is ordered to give notice of the Court’s ruling within five calendar days of this order. 

BACKGROUND 

This is a breach of contract case. On August 28, 2024, plaintiff Zijie Zhuo (Plaintiff) filed this action against defendant Hsiang Chen Woodby (Defendant) and Does 1 to 10, alleging one cause of action for breach of contract. 

On November 5, 2024, Defendant moved to set aside the default entered against her. The motion is unopposed. 

LEGAL STANDARD 

Under Code of Civil Procedure, section 473, subdivision (b), “the 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.” (Code Civ. Proc., § 473, subd. (b).) Relief under this section is mandatory when based on an attorney affidavit of fault; otherwise, it is discretionary. (Ibid.) An application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the moving party’s mistake, inadvertence, surprise, or neglect. (Ibid.; English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) 

DISCUSSION 

Summary of Arguments 

Defendant seeks to set aside the default entered against her on October 15, 2024, on the grounds of mistake, inadvertence, and excusable neglect. More specifically, Defendant contends that she is currently suffering from breast cancer and undergoing chemotherapy which leaves her weak, fatigued, and not in the best state of mind when she received the complaint. Defendant contends that Plaintiff is also suing Defendant’s company, Uetek, which is currently in bankruptcy proceedings. Defendant contends that she misunderstood the complaint when she received it, thinking it was related to the aforementioned bankruptcy proceedings because she had no personal dealings with Plaintiff. Defendant also contends this motion is timely and that Code of Civil Procedure section 473 must be construed to prevent injustice and ensure this case is heard on its merits. 

Analysis 

            The Court finds Defendant is entitled to setting aside the entry of default. The policy favoring adjudication on the merits is strong. “[D]oubts must be resolved in favor of relief, with an order denying relief scrutinized more carefully than an order granting it. [Citation.]” (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 134, italics in original.) The Court finds Defendant’s mistake of confusing the complaint with the bankruptcy proceedings involving Uetek when she is also undergoing chemotherapy to be understandable and therefore excusable. (Woodby Decl., ¶¶ 2-5; see Code Civ. Proc., § 473, subd. (b).) Defendant also moved to set aside the default within 20 days of its entry, and is therefore well within the six month time limit. (See ibid.) Additionally, Plaintiff did not oppose this motion, which the Court construes as a tacit admission that Defendant’s arguments are meritorious. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion, "it is assumed that [nonmoving party] concedes" that ground].)  

Based on the foregoing, the Court GRANTS Defendant’s motion and hereby VACATES the default entered against Defendant on October 15, 2024. Defendant must file and serve the proposed answer attached as Exhibit 3 to the motion within five days of this order. 

CONCLUSION 

The Court GRANTS Defendant Hsiang Chen Woodby’s motion to set aside default. The Court hereby VACATES the default entered against Defendant on October 15, 2024, and orders Defendant to file and serve the proposed answer within five days of this order. 

             Defendant is ordered to give notice of the Court’s ruling within five calendar days of this order.