Judge: Maurice A. Leiter, Case: 24STCV15919, Date: 2025-04-17 Tentative Ruling
Case Number: 24STCV15919 Hearing Date: April 17, 2025 Dept: 54
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Superior Court of California County of Los Angeles |
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Brett Seidman, |
Plaintiff, |
Case No.: |
24STCV15919 |
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Vs. |
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Tentative Ruling |
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FCA US LLC, et al., |
Defendants. |
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Hearing
Date: April 17, 2025
Department
54, Judge Maurice A. Leiter
(2)
Motions to Set Aside Default
Moving Party: Defendants FCA US LLC
and FAB4 LLC
Responding Party: Plaintiff Brett
Seidman
T/R: DEFENDANTS’ MOTIONS TO SET
ASIDE DEFAULT ARE GRANTED.
DEFENDANTS 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.”
Defendants move to set aside entry of default against them
on the ground of attorney mistake. Defendants’ counsel represents that they
mistakenly believed responsive pleadings had been filed because Plaintiff filed
two identical lawsuits and Defendants had answered the first suit. This is
sufficient to establish mistake on the part of Defendants’ counsel.
Defendants’ motions to set aside default are GRANTED.