Judge: Mark E. Windham, Case: 23STLC06603, Date: 2024-04-23 Tentative Ruling

Case Number: 23STLC06603    Hearing Date: April 23, 2024    Dept: 26

Comer v. NJS Construction, Inc., et al.

VACATE DEFAULT

(CCP §§ 473(a)(1))

TENTATIVE RULING:

Defendant Jack Saiege’s Motion to Vacate Entry of Default is CONTINUED TO MAY 29, 2024 AT 10:00 AM IN DEPARTMENT 24 IN THE SPRING STREET COURTHOUSE. REPLY PAPERS ARE TO BE FILED AND SERVED PER THE CODE OF CIVIL PROCEDURE.

ANALYSIS:

On October 16, 2023, Plaintiff John Comer (“Plaintiff”) filed the instant action against Defendants NJS Construction Inc (“Defendant NJS”) and Jack Saiege (“Defendant Saiege”). Following Defendant Saiege’s failure to file a responsive pleading, the Court entered their default on January 25, 2024.

Defendant Saiege filed the instant Motion to Vacate Entry of Default on March 25, 2024. Plaintiff filed an opposition on April 8, 2024 and Defendant Saiege replied on April 16, 2024. The reply points out that the opposition papers were not timely served and requests a short continuance to allow for a response on the merits.

The hearing on the Motion, therefore, is continued to May 29, 2024 at 10:00 am in Department 26 in the Spring Street Courthouse.

Conclusion

Defendant Jack Saiege’s Motion to Vacate Entry of Default is CONTINUED TO MAY 29, 2024 AT 10:00 AM IN DEPARTMENT 24 IN THE SPRING STREET COURTHOUSE. REPLY PAPERS ARE TO BE FILED AND SERVED PER THE CODE OF CIVIL PROCEDURE.

Court clerk to give notice.