Judge: Nick A. Dourbetas, Case: 22-01289888, Date: 2023-08-11 Tentative Ruling

Motion to Set Aside/Vacate Default and Judgment

Defendants Nelson Partners, LLC’s and Patrick Nelson’s Motion to Vacate Default and Default Judgment is GRANTED. (See Code Civ. Proc. § 473(b).)

Defendants presented evidence establishing that entry of default was the result of their mistake, surprise, or excusable neglect, specifically that defendants had a retained an experienced paralegal to coordinate incoming litigation and retention of defense counsel, that said paralegal was aware of the service in this action, that she was instructed to retain defense counsel for this action, and that she quit without advising defendants that she had failed to take any action to retain counsel or to respond to this action.  (See CCP § 473, subd. (b); (Fasuyi v. Permatex (2008 167 Cal.App.4th 681, 704; see also Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816, 820–22.).) 

The default and default judgment previously entered in this action are ordered vacated immediately. 

Defendant is to separately file responsive pleadings in the form attached to the motion as Exhibits A & B to ensure that the responsive pleadings are properly indexed in the court’s electronic filing system. 

Plaintiff’s request for sanctions is denied.

Defendant is ordered to give notice.