Judge: Lynne M. Hobbs, Case: 20STCV35167, Date: 2023-05-11 Tentative Ruling

 PLEASE NOTE:    

The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.  

Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at SSCdept30@LACourt.org indicating the party's intention to submit. 

Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.  

If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email. 

If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar. 

Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present. 

Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.     

Case Number: 20STCV35167    Hearing Date: May 30, 2023    Dept: 30

#49
Demarc White v. Brake Masters, et al.
20STCV35167
Motion to Set Aside Request for Entry of Default, by Defendant

Ruling:  GRANTED.  Moving party to give notice.

Rationale:  Defendant Smith moves to set aside default judgment on the grounds that the default was entered due to his counsel's surprise, inadvertence, or mistake -- namely forgetting to file a motion to quash.  Had Smith filed the motion to quash, then the default would not have been entered.  Smith's contentions are supported by his attorney's filed declaration.  No more than six months has passed.  CCP 473(b).