Judge: Olivia Rosales, Case: 22NWCV00198, Date: 2022-10-27 Tentative Ruling

Case Number: 22NWCV00198    Hearing Date: October 27, 2022    Dept: SEC

RIVERA v. SALGADO

CASE NO.:  22NWCV00198

HEARING: 10/27/22

#4

TENTATIVE ORDER

Defendant ROSA SALGADO’s Motion to Set Aside Default is GRANTED. The Court notes that Default Judgment has not been entered.

Moving Party to give Notice.

Plaintiff filed a Notice of Non-Opposition on October 14, 2022 indicating that “Plaintiff will submit on the court’s ruling on the subject motion.” (Notice, 10/14/22.)

Defendant ROSA SALGADO’s Proposed Answer and Proposed Cross-Complaint attached to the Declaration of Rosa Salgado are not deemed filed. Defendant SALGADO is ORDERED to shall file the Proposed Answer and Proposed Cross-Complaints within five court days of the Court’s issuance of this Order.

The OSC Re: Entry of Default Judgment scheduled for November 10, 2022 at 8:30 a.m. in Dept. SE-F is taken OFF-CALENDAR. Rather, all parties are ORDERED to appear for a Case Management Conference on November 10, 2022 at 8:30 a.m. in Dept. SE-F.

Default was entered on June 2, 2022. To date, no Default Judgment has been entered.

Defendant moves to set aside the default under CCP § 473(b), which states that “[t]he court may…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.”

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 Defendant’s Declaration 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 Defendant the opportunity to defend herself on the merits of this action.

The Motion is GRANTED.