Judge Olivia Rosales, Case 22NWCV00487 2022-10-26 Tentative Ruling

Judge: Olivia Rosales, Case: 22NWCV00487, Date: 2022-10-26 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 22NWCV00487 Hearing Date: October 26, 2022 Dept: SEC

WASHINGTON v. REID

CASE NO.: 22NWCV00487

HEARING: 10/26/22

TENTATIVE ORDER

Defendant ERSELL REID’s (pro per) Motion to Set Aside Default is GRANTED. The Court notes that Default Judgment has not been entered.

Moving Party to give Notice.

Defendant ERSELL REID’s Proposed Demurrer is not deemed filed and served. Defendant ERSELL REID shall file and serve an Answer or responsive pleading by no later than 10 calendar days from the date of the Court’s issuance of this Order. (See CCP §430.40(a).)

All parties are ORDERED to appear for the Case Management Conference scheduled on December 1, 2022 at 1:30 p.m. in Dept. SE-F.

Default was entered on October 3, 2022. To date, no Default Judgment has been entered.

The body of the instant Motion indicates that 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.