Judge: Maurice A. Leiter, Case: 22STCV12611, Date: 2022-09-12 Tentative Ruling

Case Number: 22STCV12611    Hearing Date: September 12, 2022    Dept: 54

Hearing Date: August 12, 2022

Department 54, Judge Maurice Leiter

Motion to Set Aside Default

Moving Party: Defendant Miguel Ival

Responding Party: None

T/R:    DEFENDANT’S MOTION TO SET ASIDE DEFAULT IS GRANTED.

DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

           CCP § 473(b) provides, in pertinent part, “[t]he 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.”

           Defendant Miguel Ival moves to set aside default entered against him on June 30, 2022. Ival declares he did not timely respond to the complaint because he is an Arizona resident and is unfamiliar with the California judicial system, because he has been taking care of his ill wife and because it was difficult to find a California licensed attorney to represent him. This is sufficient to set aside default under CCP § 473(b). In opposition, Plaintiffs request that Ival pay $1,000.00 in attorney’s fees. Plaintiffs may only recover attorney’s fees when the default is caused by attorney mistake. (CCP § 473(b).)

           Defendant’s motion is GRANTED.