Judge: Shirley K. Watkins, Case: 22VECV00789, Date: 2022-11-23 Tentative Ruling

Case Number: 22VECV00789    Hearing Date: November 23, 2022    Dept: T

            [TENTATIVE] ORDER:  Defendant Avraham Cohen’s Motion to Set Aside Default is GRANTED.  Defendant Avraham Cohen’s Proposed Answer filed 10/27/2022 is deemed filed as of this hearing date as the Answer.

Introduction

            Defendant Avraham Cohen (Defendant) moved to set aside the default entered on October 12, 2022.  Plaintiff Delane Engineering, Inc. (Plaintiff) has not filed an opposition.

             Discussion 

            Defendant argued that he failed to timely file a response due to excusable neglect per Code of Civil Procedure section 473(b).  Defendant asserted that they miscalculated the deadline to respond.  Defendant sufficiently provides their declaration to show excusable neglect and Plaintiff did not oppose the motion.  The motion is persuasive.

            The motion to set aside is GRANTED.