Judge: Robert B. Broadbelt, Case: 23STCV21776, Date: 2024-02-21 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 23STCV21776    Hearing Date: February 21, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                Defendant Nicholas Fuentes

RESPONDING PARTIES:    Plaintiffs Reza Safaie and Aaron Trucking, Inc

(1)   Motion to Set Aside Default and/or Default Judgment

MOVING PARTY:                Defendant Old Earl Scheib Paint and Body

RESPONDING PARTIES:     Plaintiffs Reza Safaie and Aaron Trucking, Inc.

(2)   Motion to Set Aside Default and/or Default Judgment

The court considered the moving and non-opposition papers filed in connection with each motion.  No reply papers were filed.

DISCUSSION

Plaintiffs Reza Safaie and Aaron Trucking, Inc. (“Plaintiffs”) filed this action against defendants Nicholas Fuentes (“Fuentes”) and Old Earl Scheib Paint and Body (“Old Earl”) (collectively, “Defendants”) on September 11, 2023.

On November 7, 2023, the clerk entered the defaults of Defendants.

Now pending before court are two motions filed by Defendants to set aside the defaults entered against them.  First, on January 8, 2024, defendant Fuentes filed his motion to set aside the default entered against him on November 7, 2023.  Second, on February 2, 2024, defendant Old Earl filed its motion to set aside the default entered against it on November 7, 2023.  In the interest of efficiency, the court discusses the two pending motions together.

On February 6, 2024, Plaintiffs filed a “Notice of Non-Opposition to Motion to Set Aside Entry of Default, and Plaintiffs’ Request for Court to Set Aside Entry of Default as to Both Defendants [and] for Plaintiffs to File First Amended Complaint.”  In that notice, Plaintiffs state that they “do not oppose the Motion, and request that the Court set aside the entry of default[s]” entered against Defendants on November 7, 2023.  (Non-Opp., p. 2:12-14.)  Plaintiffs further request that the court grant them leave to file their First Amended Complaint (1) to cure certain defects with the pleading, and (2) to add additional allegations and causes of action against Defendants.

Because Plaintiffs have expressly agreed to set aside the defaults entered against Defendants, the court grants Defendants’ motions to set aside their defaults.

The court also finds that it is in furtherance of justice to permit Plaintiffs to amend their Complaint and therefore grants Plaintiffs’ request for leave to file a First Amended Complaint.  (Code Civ. Proc., § 473, subd. (a)(1).)

ORDER

            The court grants defendant Nicholas Fuentes’s motion to set aside default and/or default judgment.

            The court orders that the default of defendant Nicholas Fuentes entered on November 7, 2023 is set aside.

            The court grants defendant Old Earl Scheib Paint and Body’s motion to set aside default and/or default judgment.

            The court orders that the default of defendant Old Earl Scheib Paint and Body entered on November 7, 2023 is set aside.

            The court grants plaintiffs Reza Safaie and Aaron Trucking, Inc. 15 days leave to file a First Amended Complaint.

            The court orders defendants Nicholas Fuentes and Old Earl Scheib Paint and Body to give notice of this ruling.

IT IS SO ORDERED.

DATED:  February 21, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court