Judge: Maurice A. Leiter, Case: 22STCV22580, Date: 2023-03-30 Tentative Ruling

Case Number: 22STCV22580    Hearing Date: March 30, 2023    Dept: 54

Hearing Date: March 30, 2023

Department 54, Judge Maurice Leiter

Motion to Set Aside Default

Moving Party: Defendant Mois Inc. dba Victory Floors & Construction

Responding Party: Plaintiff Tiffany N. Diamond

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 moves to set aside the default entered against it on December 12, 2022. Defendant asserts the parties had an agreement that if the case did not settle by the December 12, 2022 CMC, Defendant would be required to file an answer. Defendant represents that it retained a new attorney and filed an answer on December 15, 2022. In opposition, Plaintiff asserts the parties knew CMC date was a “hard” deadline for filing an answer.

            It is clear from the papers there was a misunderstanding between the parties of the deadline for filing an answer. Defendant diligently filed an answer after the CMC and moved to set aside default as soon as it learned default was entered. There is good cause to set aside default.

            Defendant’s motion is GRANTED.