Judge: Maurice A. Leiter, Case: 22STCV39951, Date: 2023-10-26 Tentative Ruling

Case Number: 22STCV39951    Hearing Date: October 26, 2023    Dept: 54

Hearing Date: October 26, 2023

Department 54, Judge Maurice Leiter

Motion to Set Aside Default

Moving Party: Defendant Angela Johnson

Responding Party: Plaintiff Eric Portegies

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, “[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 default entered against her on February 24, 2023 on the grounds of mistake, inadvertence, surprise, or excusable neglect. Defendant represents that Plaintiff told her and their shared children that the sale and division of the family home would be resolved amicably through mediation. Defendant asserts that she relied on these representations and was surprised when Plaintiff went back on his word and sought default judgment. This is sufficient grounds to set aside default.

Defendant’s motion is GRANTED.