Judge: Marcella O. Mclaughlin, Case: 37-2023-00046927-CU-UD-CTL, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - January 11, 2024

01/12/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Unlawful Detainer - Residential Motion Hearing (UD) 37-2023-00046927-CU-UD-CTL CENTRAL SDHC FNMA LLC VS MOLINA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside Default, 11/21/2023

The motion to set aside the default and default judgment is DENIED.

'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(b). 'To obtain discretionary relief under section 473, the moving party must show the requisite mistake, inadvertence, or excusable neglect.' McClain v. Kissler (2019) 39 Cal.App.5th 399, 414.

In this case, although defendant has submitted evidence showing that she was hospitalized on November 7, 2023, the detention certificate states that she was released the same day. Defendant has not explained why she was unable to respond to the complaint either before or after her hospitalization.

'It is the duty of every party desiring to resist an action or to participate in a judicial proceeding to take timely and adequate steps to retain counsel or to act in his own person to avoid an undesirable judgment.' Elms v. Elms (1946) 72 Cal.App.2d 208, 513. Accordingly, defendant has failed to make a sufficient showing of mistake, inadvertence, surprise, or excusable neglect.

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