Judge: Maurice A. Leiter, Case: 22STCV17343, Date: 2023-01-05 Tentative Ruling

Case Number: 22STCV17343    Hearing Date: January 5, 2023    Dept: 54

Superior Court of California

County of Los Angeles

 

Arthur Edward Ezor,

 

 

 

Plaintiff,

 

Case No.:

 

 

22STCV17343

 

vs.

 

 

Tentative Ruling

 

 

County of Los Angeles Sheriff’s Department, et al.   

 

 

 

Defendants.

 

 

 

 

 

 

 

Hearing Date: January 5, 2023

Department 54, Judge Maurice A. Leiter

Motion to Set Aside Default

Moving Party: Defendant P & J LaBrea, LLC

Responding Party: Plaintiff Arthur Edward Ezor

 

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 and opposition.

 

            CCP § 473(b) provides, in pertinent part, “[n]otwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.”

            Defendant P & J LaBrea, LLC moves to set aside entry of default on the grounds of attorney mistake. Counsel declares that he inadvertently left P & J LaBrea, LLC off the demurrer Defendants filed on July 7, 2022. Counsel failed to name P & J LaBrea, LLC as a moving party and default subsequently was entered.

            Under CCP § 473(b), the Court must set aside default based on an attorney affidavit of fault. Defendant’s counsel declares that the failure to respond was due to counsel’s error. Counsel’s error need not be excusable or reasonable to set aside entry of default.

            Defendant’s motion is GRANTED.