Judge Mark E. Windham, Case Number: 24STLC02468, Date: 2024-09-12 Tentative Ruling

Judge: Mark E. Windham, Case: 24STLC02468, Date: 2024-09-12 Tentative Ruling

Case Number: 24STLC02468 Hearing Date: September 12, 2024 Dept: 26

Gonzalez v. LA Auto Center, LLC, et al.

VACATE ENTRY OF DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant LA Auto Center, LLC’s Motion to Vacate Default is GRANTED. THE DEFAULT ENTERED ON JUNE 24, 2024 IS HEREBY VACATED. DEFENDANT LA AUTO CENTER, LLC IS TO FILE AND SERVE ITS ANSWER TO THE COMPLAINT WITHIN 20 DAYS OF THIS ORDER.

ANALYSIS:

On April 4, 2024, Plaintiff Giovanni Gonzalez (“Plaintiff”) filed the instant action for automobile subrogation against Defendant LA Auto Center, LLC (“Defendant LA Auto”) and Jet Insurance Company (“Defendant Jet”). Following Defendant LA Auto’s failure to file a responsive pleading, the Court entered its default on June 26, 2024.

Defendant LA Auto filed the instant Motion to Vacate Default on August 1, 2024. No opposition has been filed to date.

Discussion

Defendant LA Auto moves to vacate the entry of default pursuant to Code of Civil Procedure section 473, subdivision (b), which states that an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) When based on attorney fault with respect to entry of default, default judgment, or involuntary dismissal, a timely request for relief must be granted. (Code Civ. Proc., § 473, subd. (b).) The motion must also be accompanied by a copy of the moving defendant’s proposed pleading. (Code Civ. Proc., § 473, subd. (b).) This can be corrected if Defendant submits a proposed responsive pleading by the hearing date. (Code Civ. Proc., § 473, subd. (b); Carmel, Ltd. v. Tavoussi (2009) 175 Cal.App.4th 393, 403.)

The instant Motion was timely filed less than months after entry of default on June 24, 2024. The Motion is also supported by an attorney affidavit of fault stating that defense counsel failed to calendar the date to file a response to the Complaint. (Motion, Galan Decl., ¶¶6-7.) A copy of Defendant LA Auto’s proposed answer is also attached to the Motion. (Id. at Exh. 1.) Therefore, relief from the entry of default must be granted.

Conclusion

Court clerk to give notice.