Judge: Mark H. Epstein, Case: 24SMCV00643, Date: 2025-01-29 Tentative Ruling

Case Number: 24SMCV00643    Hearing Date: January 29, 2025    Dept: I

This is a motion to set aside the default.  Plaintiff is correct that the motion cannot be granted because the answer is not attached.  

In any event, the current motion is DENIED because the proposed answer is not attached.  The court urges the parties to work this out, however.  The court suspects that defendant will cure that problem, and given the state’s strong policy favoring adjudication on the merits, it is more likely than not that the default will ultimately be set aside.  On the other hand, the court would be likely, under the circumstances, to require defendant to pay the sanctions plaintiff requests to compensate plaintiff for the needless work that was done here, and the granting of the motion would be conditioned on that payment.