Judge: Mark H. Epstein, Case: 23SMCV03052, Date: 2024-05-20 Tentative Ruling

Case Number: 23SMCV03052    Hearing Date: May 20, 2024    Dept: I

The unopposed motion to set aside default is GRANTED.  Defendant states that after being served she informed her carrier.  The insurer, however, failed to send the documents to counsel and did not follow up until March 8, 2024—after default had been entered.  After March 8, 2024, counsel was assigned.  The court finds that the facts as established are within section 473 and that excusable neglect and inadvertence has been sufficiently demonstrated.  That is especially true in that the strong policy in California is to resolve cases on their merits.  The motion is therefore GRANTED and defendant is ordered to file her proposed answer within 3 court days.