Judge Melvin D. Sandvig, Case Number: 23CHCV02412, Date: 2024-07-18 Tentative Ruling

Judge: Melvin D. Sandvig, Case: 23CHCV02412, Date: 2024-07-18 Tentative Ruling

Case Number: 23CHCV02412 Hearing Date: July 18, 2024 Dept: F47

Dept. F47

Date: 7/18/24

Case #23CHCV02412

4 MOTIONS TO SET ASIDE DEFAULT

Motions filed on 5/23/24.

MOVING PARTY # 1: Defendant Joy Arredondo

MOVING PARTY # 2: Defendant Jennifer Helliwell

MOVING PARTY # 3: Defendant Roy Esqueda

MOVING PARTY # 4: Defendant Amanda Esqueda

RESPONDING PARTY: Plaintiff Alvaro Castellon

NOTICE: ok

RELIEF REQUESTED:

(1) An order setting aside the default entered against Defendant Joy Arrendondo on 5/1/24.

(2) An order setting aside the default entered against Defendant Jennifer Helliwell on 5/1/24.

(3) An order setting aside the default entered against Defendant Roy Esqueda on 5/1/24.

(4) An order setting aside the default entered against Defendant Amanda Esqueda on 5/1/24.

RULING: The motions are granted.

SUMMARY OF FACTS & PROCEDURAL HISTORY

On 8/10/23, Plaintiff Alvaro Castellon (Plaintiff) filed this action against Defendants Roy Esqueda; Estate of Brenda Marie Perez; Amanda Esqueda; Jennifer Helliwell, Joy Arredondo and Does 1-50. On 9/14/23, Defendants Roy Esqueda, Amanda Esqueda, Jennifer Helliwell and Joy Arredondo (collectively, Defendants) filed an answer to the complaint.

After taking the depositions of Defendants Jennifer Helliwell and Roy Esqueda, pursuant to Plaintiff’s request, Defendants stipulated to Plaintiff filing a First Amended Complaint which added causes of action for conversion and fraud/concealment and included a claim for punitive damages. (See 3/15/24 Stipulation and Order). Pursuant to the stipulation, Defendants had 30 days to respond to the First Amended Complaint after it was filed. Id. On 3/20/24, Plaintiff filed and served the First Amended Complaint. On 5/1/24, pursuant to Plaintiff’s requests, separate defaults were entered against each of the Defendants.

When Defendants’ counsel became aware of the defaults, a request was made to Plaintiff to stipulate to have the defaults set aside because they were the result of a calendaring error on the part of Defendants’ counsel. (See Tran Decls.). Plaintiff’s counsel failed to respond to the request. (Tran Decls.).

Therefore, on 5/23/24, Defendants each filed a motion to have the default entered against them set aside. On 5/29/24, at the Case Management Conference, the Court advanced the hearings on the motions to 7/18/24 and the parties waived notice. (See 5/29/24 Minute Order). Plaintiff has not opposed or otherwise responded to the motions.

ANALYSIS

Due to the attorney declarations of fault that accompany each motion and the fact that the motions were filed and served well within 6 months of the entry of default, relief is mandatory. See CCP 473(b); (Tran Decls.).

CONCLUSION

The motions are granted. Defendants Roy Esqueda, Amanda Esqueda and Joy Arredondo are ordered to separately file their Answer to the First Amended Complaint which is attached to each of their motions as Exhibit A. Defendant Jennifer Helliwell is ordered to reserve a hearing date for the demurrer and motion to strike attached to her motion as Exhibits A and B and file and serve such pleadings which indicate the reserved hearing date.