Judge: Olivia Rosales, Case: 22NWCV00015, Date: 2022-09-27 Tentative Ruling

Case Number: 22NWCV00015    Hearing Date: September 27, 2022    Dept: SEC

GARCIA v. RASRAJ EXPRESS, INC.

CASE NO.: 22NWCV00015

HEARING: 9/27/22 @ 9:30 AM

#4

TENTATIVE RULING

Defendant Rasraj Express, Inc.’s unopposed motion to set aside default is GRANTED.  Defendant is ORDERED to file its proposed Answer by September 27, 2022.

Moving Party to give NOTICE.

Defendant Rasraj Express, Inc. moves to set aside default pursuant to CCP § 473.

The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.  Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.  (CCP § 473(b).)  The burden of proof on such a motion is on the moving party who must establish his position by a preponderance of the evidence.  (Luz v. Lopes (1960) 55 Cal.2d 54, 62.)

Default was entered against Defendant Rasraj Express, Inc. on May 9, 2022. 

Defendant’s registered agent for service of process, Bhavna Patel, declares that Patel never received summons and complaint as reflected in the proof of service.  (Patel Decl., 006:15-16.)

Plaintiff failed to file any opposition.  Accordingly, the motion is GRANTED.  Defendant is ORDERED to file its proposed Answer by September 27, 2022.