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.