Judge: Melvin D. Sandvig, Case: 22CHCV00662, Date: 2023-09-28 Tentative Ruling

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Case Number: 22CHCV00662    Hearing Date: September 28, 2023    Dept: F47

Dept. F47

Date: 9/28/23

Case #22CHCV00662

MOTION TO SET ASIDE & VACATE DEFAULT

Motion filed on 6/5/23.

MOVING PARTY: Defendant Mammoital Inc.

RESPONDING PARTY: Plaintiff Anthony Bouyer

RELIEF REQUESTED: An order setting aside the default entered on 11/2/22 against Mammoital Inc. in this action.

RULING: The motion is granted.

On 8/18/22, Plaintiff Anthony Bouyer (Plaintiff) filed this action against defendants, including Defendant Mammoital Inc. (Mammoital) for violations of the Unruh Civil Rights Act.  On 9/12/22, Plaintiff filed a proof of service indicating that Mammoital was served by substitute service by leaving documents with “Claudia Rosales – person in charge.” 

On 11/2/22, default was entered against Mammoital.  On 6/5/23, Mammoital filed the instant motion seeking an order setting aside the default entered against it on 11/2/22 on the ground that it was not properly served with the summons and complaint.  (Mammo Decl.); CCP 473(b); CCP 473.5  When Mammoital’s owner learned of the action and default in May of 2023, he acted quickly to have the default set aside.  (See Mammo Decl.).

On 9/14/23, Plaintiff filed a Notice of Non-Opposition to the motion.  The notice indicates that Plaintiff’s counsel has attempted to contact Mammoital’s counsel since May 2023 to discuss settlement.  It also indicates that on 7/28/23, Plaintiff’s counsel emailed defense counsel and offered to stipulate to set aside the default and sent a follow-up email on 8/2/23.  However, no response was received.  The notice indicates that Plaintiff is still willing to stipulate to set aside Mammoital’s default. 

Based on the foregoing, the default entered against Mammoital on 11/2/22 is set aside.  Mammoital is ordered to file a responsive pleading today, 9/28/23.