Judge: Nathan R. Scott, Case: Luer v. Green Global Restoration & Tech, Date: 2022-10-28 Tentative Ruling

Case Management Conference

The CMC is continued to 12/1/22 at 2 pm.

Motion to Vacate

Defendant Green Global Restoration and Tech Inc.’s motion to vacate is granted.  (See Code Civ. Proc. §§ 473, subd. (b).)

The 8/4/22 entry of default is vacated.

Defendant shall separately e-file its proposed answer within 5 days. Separate e-filing is critical to ensure the answer is correctly indexed in the court’s electronic filing system.

Defendant shall pay $2060 to plaintiff, representing 5.5 reasonable hours at a reasonable $350 hourly rate plus $135 in costs.  (See Code Civ. Proc., § 473, subds. (b), (c)(1)(C).)

Defense counsel Luis Bustamante Hernandez shall pay $250 to the State Bar Client Security Fund.  (See Code Civ. Proc., § 473, subd. (c)(1)(B).)

Both the court’s 7/13/22 tentative ruling and its 7/14/22 order directed defendant to “separately e-file its proposed answer within 5 days.”  Defense counsel’s failure to do caused plaintiff to incur the costs of seeking a second entry of default and opposing a second motion to vacate. 

Defendant shall give notice.

Default Prove-Up Hearing

The prove-up hearing is vacated.