Judge: Nick A. Dourbetas, Case: 2021-01210860, Date: 2022-11-04 Tentative Ruling

Motion to Set Aside/Vacate Default

Defendant Jose M. Martinez’s motion to set aside default is GRANTED.  (Code Civ. Proc., § 473, subd. (b).) 

Even if mandatory relief based on attorney fault is not shown, moving party has sufficiently demonstrated grounds for discretionary relief.  (Id.; Kabir Decl., ¶¶ 4-12.)

The court orders that the default entered against moving party on 12-8-21 is vacated. 

Plaintiff’s evidentiary objections are OVERRULED. 

Plaintiff’s request for a penalty under Code Civ. Proc., § 473, subd. (c)(1)(A), is DENIED.

Defendant shall separately e-file his proposed answer (Exhibit A to moving papers) within 5 days, which shall be deemed served upon filing.  Separate e-filing is required to ensure the answer is properly indexed in the court’s electronic filing system.

Moving defendant shall give notice.