Judge: Mark E. Windham, Case: 23STLC02899, Date: 2023-09-28 Tentative Ruling
Case Number: 23STLC02899 Hearing Date: September 28, 2023 Dept: 26
Pasadena
Lighting, Inc. v. Badihian, et al
MOTION TO VACATE ENTRY OF DEFAULT
TENTATIVE RULING:
Defendants Homa Badihian and
Parviz Payghamy’s Motion to Vacate Entry of Default is PLACED OFF CALENDAR AS
MOOT.
ANALYSIS:
Plaintiff Pasadena Lighting,
Inc. (“Plaintiff”) filed the instant action for civil rights violations against
Defendants Homa Badihian (“Defendant Badihian”) and Parviz Payghamy (“Defendant
Payghamy”) on May 2, 2023. Following Defendants’ failure to file a responsive
pleading, the Court entered their defaults on July 28, 2023 and August 8, 2023.
Defendants filed the instant
Motion to Vacate Default on August 23, 2023. To date, no opposition has been
filed, however, Plaintiff filed a First Amended Complaint on September 12,
2023. By filing a First Amended Complaint, the entry of default with respect to
the Complaint is hereby vacated. (Ford v. Superior Court (1973) 34
Cal.App.3d 338, 343 [citing Tidwell v. Henricks (1955) 124 Cal.App.2d
64, 65-66].)
Therefore, Defendants Homa
Badihian and Parviz Payghamy’s Motion to Vacate Entry of Default is PLACED OFF
CALENDAR AS MOOT.
Court clerk to give notice.