Judge: Maurice A. Leiter, Case: 23STCV05773, Date: 2024-02-01 Tentative Ruling



Case Number: 23STCV05773    Hearing Date: February 1, 2024    Dept: 54

Superior Court of California

County of Los Angeles

 

Millstone Funding, Inc.,

 

 

 

Plaintiff,

 

Case No.:

 

 

23STCV05773

 

vs.

 

 

Tentative Ruling

 

 

George’s Restaurant, et al.,

 

 

 

Defendants.

 

 

 

 

 

 

 

Hearing Date: February 1, 2024

Department 54, Judge Maurice A. Leiter

Motion to Set Aside Default

Moving Party: Defendant Sterling Snyder

Responding Party: None

 

T/R:      DEFENDANT’S MOTION TO SET ASIDE DEFAULT, THE OSC RE DEFAULT JUDGMENT, AND THE TRIAL SETTING CONFERENCE ARE CONTINUED TO MARCH 7, 2024 AT 9:00AM.

 

DEFENDANT TO SERVE THE MOTION TO SET ASIDE DEFAULT ON PLAINTIFF WITHIN THE TIME ALLOWED UNDER CCP § 1005 IN ACCORDANCE WITH THE NEW HEARING DATE.

 

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. No opposition has been received.

 

Defendant Snyder moves to set aside default entered on December 18, 2023. The motion does not contain a proof of service showing service on Plaintiff, nor has Plaintiff opposed this motion. The Court will continue the hearing to allow service on Plaintiff. Under Code of Civil Procedure § 1005, a motion must be served 16 court days before the hearing if served personally and 16 court days plus 5 calendar days if served by mail.