Judge: Mark E. Windham, Case: 22STLC02856, Date: 2024-07-31 Tentative Ruling

Case Number: 22STLC02856    Hearing Date: July 31, 2024    Dept: 26

  

Lodmer v. Silver, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP §§ 473.5, 1788.61)

 

TENTATIVE RULING:

 

Defendants Marina Silver and Gary Silver’s Motion to Vacate Default and Default Judgment is PLACED OFF CALENDAR.

 

 

ANALYSIS:  

 

On April 22, 2022, Plaintiff Sheldon I. Lodmer (“Plaintiff”) filed the instant action against Defendants Marina Silver and Gary Silver (“Defendants”). Defendants answered on May 25, 2022. The action came for trial on March 13, 2024, at which time all parties appeared. (Minute Order, 03/13/24.) The Court ordered judgment entered for Plaintiff jointly and severally against Defendants in the total amount of $12,572.66. (Minute Order, 03/13/24.) The Court granted Plaintiff’s motion for attorney’s fees and entered an amended judgment on May 2, 2024. (Minute Order, 05/02/24.)

 

Defendants filed the instant Motion to Vacate Default and Default Judgment on June 3, 2024. Plaintiff filed an opposition on July 5, 2024. As noted above, no default nor default judgment has been entered. Defendants answered the Complaint and appeared for trial on March 13, 2024. Accordingly, the relief sought in the instant Motion is not possible.

 

Conclusion

 

Defendants Marina Silver and Gary Silver’s Motion to Vacate Default and Default Judgment is PLACED OFF CALENDAR.

 

 

Court clerk to give notice.