Judge: Maurice A. Leiter, Case: 23STCV24290, Date: 2024-03-07 Tentative Ruling

Case Number: 23STCV24290    Hearing Date: March 7, 2024    Dept: 54

Hearing Date: March 7, 2023

Department 54, Judge Maurice Leiter

Motion to Set Aside Default

Moving Party: Defendant American Fitness and Nutrition Academy, Inc.

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 and reply. No opposition has been received.

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 it on November 28, 2023. Defendant asserts notification of service of the summons and complaint was sent to an email address that is no longer regularly used and was characterized as spam. Defendant represents that it did not know about this lawsuit until default was entered.  Thereafter, Defendant worked diligently to set aside default.

This is sufficient grounds to set aside default. Plaintiff does not oppose this motion. Defendant’s motion is GRANTED.