Judge Olivia Rosales, Case 19NWCV00768 2022-09-29 Tentative Ruling

Judge: Olivia Rosales, Case: 19NWCV00768, Date: 2022-09-29 Tentative Ruling

Case Number: 19NWCV00768 Hearing Date: September 29, 2022 Dept: SEC

OLIVER v. PICO CENTER, INC.

CASE NO.: 19NWCV00768

HEARING: 09/29/22

TENTATIVE ORDER

I. Defendants PICO CENTER INC.; WONSUK AN; and BRIAN B. AN’s Motion to Set Aside Defaults and Default Judgments is GRANTED. The Request for an Order to Quash the Writ of Execution is GRANTED.

II. Defendant BRIAN AN’s Claim of Exemption is MOOT.

Defendants to give Notice.

Defendants’ Proposed Answers attached as Exhibit 8 are DEEMED SERVED as of the hearing date. Moving Parties are ORDERED to FILE the Proposed Answer within 5 court days the Court’s issuance of this Order.

All parties are ORDERED to appear for a Case Management Conference on October 31, 2022 at 10:30 a.m. in Dept. SE-F.

Defendants move to set aside the default(s) under CCP § 473.5. Defendants declare, under penalty of perjury, that they lacked actual notice of this suit until after they received notices of levy from the Los Angeles Sheriff’s Department and U.S. Bank.

Under CCP §473.5, the Court may set aside a default or default judgment if “(1) [defendant] received through no inexcusable fault of his own, no actual notice of the action in time to appear and defendant, and had not made a general appearance; (2) a default or default judgment has been entered against him by the court; (3) he acted with reasonable diligence in serving and filing the notice of motion to set aside the default or default judgment; and (4) he has a meritorious defense.” (CCP §473.5.)

The policy of hearing cases on their merits is well-established. (See, e.g., Berman v. Klassman (1971) 17 Cal.App.3d 900.) Given the liberality associated with Motions to Set Aside Defaults, the Court finds the declarations of Brian An and Wonsuk An sufficient to warrant to relief. The law favors trials on the merits. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) The Court finds adequate grounds to allow Defendants the opportunity to defend themselves on the merits of this action.