Judge: Matthew C. Braner, Case: 37-2023-00016703-CU-OR-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 29, 2024

03/01/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00016703-CU-OR-CTL NORTH AMERICAN SAVINGS BANK FSB VS GUITAR [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Paul and Cristen Guitar's unopposed motion to set aside default is GRANTED.

The discretionary relief portion of Code of Civil Procedure section 473, subdivision (b), states: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.

(Code Civ. Proc., § 473, subd. (b).) Here, the evidence presented is sufficient to show that Defendants' failure to answer the complaint was the result of excusable neglect on the part of Defendant Paul Guitar. It was reasonable (and therefore excusable) for him to believe that by delivering copies of the complaint and summons to attorney Charles Brash, that attorney Brash would handle the appropriate next steps. Similarly, the delay in seeking to vacate the June 22, 2023 default is reasonably attributable to his military commitments, and the motion was filed within six months of the entry of default. Defendants also provided a copy of the proposed answer to the complaint.

Accordingly, Defendants' motion is granted.

The default entered on June 22, 2023 is vacated. Defendants are instructed to file and serve their answer to the complaint within 10 days of entry of this order.

The minute order is the order of the court.

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