Judge Salvatore Sirna, Case Number: 23PSCV02376, Date: 2024-06-12 Tentative Ruling

Judge: Salvatore Sirna, Case: 23PSCV02376, Date: 2024-06-12 Tentative Ruling

Case Number: 23PSCV02376 Hearing Date: June 12, 2024 Dept: G

Defendant Sandra Anguiano Sencion’s Motion to Vacate Entry of Default Judgment

Respondent: NO OPPOSITION

TENTATIVE RULING

Defendant Sandra Anguiano Sencion’s Motion to Vacate Entry of Default Judgment is GRANTED. Defendant Anguiano Sencion is ordered to file an answer in ten (10) days.

BACKGROUND

This is a personal injury action arising from a motor vehicle collision. In April 2022, Defendant Sandra Anguiano Sencion was operating a vehicle on Rosemead Boulevard in El Monte when Anguiano Sencion collided with Plaintiff Phuong Anh Ngoc Nguyen’s vehicle.

On August 4, 2023, Nguyen filed a complaint against Anguiano Sencion and Does 1-25, alleging causes of action for (1) motor vehicle negligence and (2) general negligence. On November 2, 2023, Nguyen’s process server served Anguiano Sencion with substitute service in El Monte.

On March 15, 2024, the Court entered default against Anguiano Sencion after Anguiano Sencion failed to timely file an answer. On March 19, 2024, Anguiano Sencion filed an answer.

On May 2, 2024, Anguiano Sencion filed the present motion. A hearing on the present motion and case management conference are set for June 12, 2024.

ANALYSIS

Anguiano Sencion seeks to set aside the entry of default on the grounds of mistake, inadvertence, surprise, or neglect. For the following reasons, the Court GRANTS Anguiano Sencion’s motion.

Legal Standard

Whenever an application for relief from default judgment is made no more than six months after entry of judgment, is in proper form, and is accompanied by the moving party’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or excusable neglect, the court may vacate any (1) resulting default entered by the clerk against the moving party or (2) resulting default judgment or dismissal entered against the moving party, unless the court finds that the default or dismissal was not in fact caused by the moving party’s mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., §473, subd. (b).) “The six-month time limit for granting statutory relief is jurisdictional and the court may not consider a motion for relief made after that period has elapsed.” (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42 (Manson).) That “six-month period runs from entry of default, not entry of judgment.” (Id.)

Courts liberally grant motions to vacate default judgments when relief is promptly sought and the opposing party is not prejudiced as the law strongly favors resolution on the merits. (Kramer v. Traditional Escrow, Inc. (2020) 56 Cal.App.5th 13, 28.) Courts only require “slight evidence” to support vacating a default and resolve all doubts in favor of the party seeking relief. (Ibid.) However, “[t]he only occasion for the application of section 473 is where a party is unexpectedly placed in a situation to his injury without fault or negligence of his own and against which ordinary prudence could not have guarded.” (Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1206, quoting Elms v. Elms (1946) 72 Cal.App.2d 508, 513.)

Discussion

In this case, Anguiano Sencion’s motion is timely as it was filed only forty-eight days after the entry of default. In a declaration, Anguiano Sencion’s counsel states the entry of default was a result of counsel’s neglect. Counsel apparently neglected to contact Anguiano Sencion from the time the Complaint was filed until March 15, 2024, and, as a result, was unaware Anguiano Sencion had been served. (Cai Decl., ¶ 3-7.) Counsel also admits they failed to properly monitor the Court’s docket to determine if Anguiano Sencion had been served. (Cai Decl., ¶ 6.)

Accordingly, based on the above representations, the Court finds the entry of default was a result of counsel’s neglect and GRANTS Anguiano Sencion’s motion.

CONCLUSION

Based on the foregoing, Anguiano Sencion’s motion to set aside default is GRANTED. Defendant Anguiano Sencion is ordered to file an answer in ten (10) days.