Judge: Shirley K. Watkins, Case: 22VECV02146, Date: 2023-05-02 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 22VECV02146    Hearing Date: May 2, 2023    Dept: T

Tentative ruling

Motion to Set Aside/Vacate Default – No opposition filed.

The motion indicates that plaintiff’s counsel knew there was an attorney representing the defendants before default was entered.  Under these circumstances, the law requires that “fair notice” be given by plaintiff’s counsel to the attorney to advise that if a response is not filed by a certain (reasonable) date, then default will be entered and there was no evidence that this was done.  Also, the court notes that there is a declaration of attorney fault under CCP section 473. The court grants the motion on these grounds.  The default entered against Ortal Lieb and Itay Lieb on 3/10/2023 are vacated.  Defendants to file response to the complaint within 15 days.