Judge: Melvin D. Sandvig, Case: 21CHCV00170, Date: 2022-08-12 Tentative Ruling

Case Number: 21CHCV00170    Hearing Date: August 12, 2022    Dept: F47

Dept. F47

Date: 8/12/22

Case #21CHCV00170

MOTION FOR RELIEF FROM DEFAULT

Motion filed on 5/19/22.

MOVING PARTY: Cross-Defendant David Garza

RESPONDING PARTY: Cross-Complainant Venus Marie Louviere

NOTICE: ok

RELIEF REQUESTED: An order setting aside the default entered against David Garza on the cross-complaint filed by Venus Marie Louviere.

RULING: The unopposed motion is granted.

Counsel for Cross-Defendant David Garza is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.  When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court’s 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil.  See also CRC 3.1110(f)(4).  While it appears there was an attempt to bookmark the declaration and exhibits attached to the motion, the bookmarks are not linked to the first page of the declaration and exhibits as required.  Failure to comply with these requirements in the future may result in  matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these requirements, documents not being considered and/or the imposition of sanctions. 

This action arises out of Plaintiff/Cross-Defendant Gloria Brown’s (Plaintiff) claim that defendants schemed to solicit and victimize her so that they could profit from the eventual loss of Plaintiff’s home.  David Garza (Garza) has been named as a defendant in Plaintiff’s complaint as well as a cross-defendant in the cross-complaint filed by Venus Marie Louviere.    

On 1/18/22, default was entered against Garza on Louviere’s cross-complaint.  On 5/19/22, Garza filed and served the instant motion seeking an order setting aside the default entered against Garza on the cross-complaint filed by Venus Marie Louviere.  The motion is unopposed.

Garza seeks relief from the default based on the fault of its former attorney, Solomon Gresen.  Due to the declaration of attorney Gresen which accepts  fault for the failure to timely file a response to the Louviere cross-complaint resulting in the default and the fact that Garza filed this motion within six months of the entry of default, relief from the default is mandatory.  See CCP 473(b); (Gresen Decl.).

Garza is ordered to separately file its Answer (which is attached to the motion) to the Louviere cross-complaint by the end of the day on 8/12/22.