Judge: Maurice A. Leiter, Case: 23STCV24025, Date: 2024-08-13 Tentative Ruling

Case Number: 23STCV24025    Hearing Date: August 13, 2024    Dept: 54

Hearing Date: August 13, 2024

Department 54, Judge Maurice A. Leiter

Motion to Set Aside and/or Vacate Default and Default Judgment

Moving Party: Jorge Grajeda Perez

Responding Party: None

T/R:     THE MOTION 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. No opposition has been received. 

            CCP § 473(b) provides, “[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 Perez moves to set aside and/or vacate the defaults entered on March 14, 2023, and April 24, 2024 against Defendant and restore the case to the active calendar. Defense Counsel, Reyes Valenzuela, declares that he failed to calendar the deadline to file a responsive pleading before the due date of November 27, 2024, due to his mistake, inadvertence, and/or excusable neglect. Counsel had several trials scheduled in December 2023 and January 2024. Counsel forgot to enter the due date in his calendar and file the answer. He also had three trials set for May 2024, and did not review this matter until late April 2024.

Defendant Perez played no part in Counsel’s failure to calendar the deadline and file the answer. Defendant Perez is 82 years old. He promptly provided the summons and complaint to his attorney and communicated he had been served on October 23, 2023.

The default must be reversed under section 473. Defendant has properly attached the responsive pleading.

            The motion is GRANTED.