Judge: Shirley K. Watkins, Case: 23VECV00702, Date: 2023-04-19 Tentative Ruling
Case Number: 23VECV00702 Hearing Date: April 19, 2023 Dept: T
Tentative ruling:
Ex parte application to set aside default or special set motion.
Grant ex parte application to set aside default and allow filing of demurrer.The law in California, and the trend nationwide, is that if an attorney is known to be representing a defendant before default is entered, the policy is to give "fair notice" before default is entered. Fair notice is generally to be to designate a reasonable period of time to respond or else default will be entered. Restricting it to answer only is not appropriate. Because notice was given of representation and no fair notice was given, the court sets aside the default and allows the filing of the demurrer. It must be separately filed and noticed.The court elects to decide this by ex parte application in absence of information that fair notice was given. There is no known prejudice.