Judge: Stephen P. Pfahler, Case: 21CHCV00902, Date: 2022-08-24 Tentative Ruling

Case Number: 21CHCV00902    Hearing Date: August 24, 2022    Dept: F49

Dept. F-49
Date: 8-24-22
Case #21CHCV00902

SET ASIDE DEFAULT

MOVING PARTY: Defendant/Judgment Debtor, Lastenia Martinez aka Lastenia Maldonado, pro per

RESPONDING PARTY: Unopposed/Plaintiff/Judgment Creditor, Ford Motor Credit Company, LLC

RELIEF REQUESTED

Motion to Set Aside Default

SUMMARY OF ACTION

On November 29, 2021, Plaintiff/Judgment Creditor Ford Motor Credit Company, LLC filed its complaint for breach of contract alleging an outstanding balance due of $50,245.46 on a retail installment contract for the purchase of a Ford F150 vehicle.

On April 28, 2022, the clerk entered a default. On May 3, 2022, the court entered judgment for $59,351.17.

RULING: Granted.

Defendant, Judgment Debtor, Lastenia Martinez aka Lastenia Maldonado, pro per moves to set aside the default and default judgment on grounds that the default was the result of Defendant/Judgment Debtor’s daughter taking the vehicle and not paying the monthly installments, and subsequently acquiring a server Covid infection thereby preventing an earlier response.

The court electronic filing system shows no opposition or reply at the time of the tentative ruling publication cutoff.

Code of Civil Procedure section 473 subdivision (b) provides in part:

“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.”

“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. (Citation.) The six-month period runs from entry of default, not entry of judgment.” (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) The clerk entered default on April 28, 2022, and the subject motion was filed on June 16, 2022, which is within 180 days of the default entry dates. The court considers this timely motion under the statutory relief provisions. (Ibid.)

“[A] trial court is obligated to set aside a default, default judgment, or dismissal if the motion for mandatory relief (1) is filed within six months of the entry of judgment, (2) ‘is in proper form,’ (3) is accompanied by the attorney affidavit of fault, and (4) demonstrates that the default or dismissal was in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.’” (Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 443.) Because moving party appears in pro per, the mandatory relief standard is not applicable.

The court therefore considers the discretionary standard for relief. The court finds the circumstances and timing of the motion supports a finding for relief from the default. The motion is therefore granted. Defendant/Judgment Debtor to draft a cover page and separately file the answer submitted with the motion within 10 days of this order.

Defendant/Judgment Debtor to give notice.