Judge: Robert P. Dahlquist, Case: 37-2023-00017034-CU-FR-NC, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 21, 2023

12/22/2023  02:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2023-00017034-CU-FR-NC HILL VS. SIEM [IMAGED] CAUSAL DOCUMENT/DATE FILED: Ex

Parte Application - Other and Supporting Documents, 11/16/2023 Defendant Sverre Siem's motion to set aside entry of default (ROA # 14) is granted.

The court is persuaded that defendant has presented sufficient evidence to warrant setting aside the default under CCP § 473. In addition, the law favors resolution of disputes on their merits, as opposed to resolution by default. An order to vacate a default is within the sound discretion of trial court. In re Cardenas (1961) 194 Cal.App.2d 849. Accordingly, the court will exercise its discretion to set aside the entry of default against defendant Sverre Siem.

Defendant shall file and serve his response to the complaint by no later than January 5, 2024.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 2:30 p.m. on Friday, December 22, 2023. If no party appears at the hearing, this tentative ruling will become the order of the Court as of December 22, 2023. If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

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