Judge: Mark E. Windham, Case: 21STLC00767, Date: 2023-04-24 Tentative Ruling

Case Number: 21STLC00767    Hearing Date: April 24, 2023    Dept: 26

LAUSD v. Nadler, et al.

MOTION TO VACATE ENTRY OF DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b), 473(d), 1788.61)

TENTATIVE RULING:

Defendant Connie Nadler’s motion to vacate default and default judgment is CONTINUED TO JUNE 26, 2023 AT 10:00 AM IN DEPARTMENT 26 OF THE SPRING STREET COURTHOUSE. NO ADDITIONAL PAPERS ARE TO BE FILED.

ANALYSIS:

Plaintiff Los Angeles Unified School District (“Plaintiff”) filed the instant action for common counts against Defendant Connie Nadler (“Defendant”) on January 17, 2021. Following the lack of any responsive pleading to the complaint, the Court entered Defendant’s default on January 6, 2023 and default judgment on February 8, 2023.

Defendant filed the instant motion to vacate default and default judgment on April 17, 2023. Plaintiff had previously filed an opposition on April 11, 2023 and supplemental declaration on April 18, 2023. Defendant filed a reply on April 18, 2023.

Discussion

The motion was not timely filed at least 16 court days prior to the hearing date, as required by Code of Civil Procedure section 1005. Instead, it was filed only five court days in advance of the hearing, depriving the Court of the necessary time to consider all the papers.

Therefore, the hearing on Defendant Connie Nadler’s motion to vacate default and default judgment is continued to June 26, 2023 at 10:00 am in Department 26 of the Spring Street Courthouse. No additional papers are to be filed.

Court clerk to give notice.