Judge: Stephen I. Goorvitch, Case: BC396164, Date: 2023-05-03 Tentative Ruling

Case Number: BC396164    Hearing Date: May 3, 2023    Dept: 39

Barbara Politsch v. Dollar Rent A Car

Case No. BC396164

Defendant’s Ex Parte Application to Continue Hearing Date

Defendant filed an ex parte application to continue the hearing date on its motion to set aside default judgment.  Defendant has retained new counsel, which constitutes good cause.  Defendant requests only a 30-day continuance, which is reasonable.  There is a strong preference for cases to be decided on the merits, meaning that the Court must hear a motion to set aside a default judgment.  Finally, the Court does not anticipate being available to hear the motion on the current date due to congestion of the Court’s calendar, as well as trial scheduled for that week.  The Court has reviewed and considered Plaintiff’s opposition but finds no undue prejudice. 

Based upon the foregoing, the Court orders as follows:

1.         Defendant’s ex parte application to continue the hearing date on its motion to set aside default judgment is granted.

2.         The Court advances and continues the hearing on the motion from May 15, 2023, to July 11, 2023, at 8:30 a.m. 

3.         Defendant’s counsel shall provide notice and file proof of such with the Court.