Judge: Maurice A. Leiter, Case: 23STCV04028, Date: 2023-09-07 Tentative Ruling

Case Number: 23STCV04028    Hearing Date: September 7, 2023    Dept: 54

Hearing Date: September 7, 2023

Department 54, Judge Maurice A. Leiter

Motion to Set Aside Default

Moving Party: Defendant Memory Buss

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 moves to set aside default entered by the Court on May 23, 2023. Defendant asserts that she did not file an answer or appear at the case management conference because she was afraid for her safety. Defendant represents that Plaintiff burglarized her business. Defendant also states that the Court clerk told her that she could not appear at the CMC telephonically.

In opposition, Plaintiff argues that Defendant’s argument is not credible. The Court finds that Defendant’s representations are sufficient to set aside default.

Defendant’s motion is GRANTED. The Court declines to award attorneys’ fees to Plaintiff.