Judge: Stephen P. Pfahler, Case: 22CHCV00778, Date: 2023-09-13 Tentative Ruling

Case Number: 22CHCV00778    Hearing Date: September 13, 2023    Dept: F49

Dept. F-49

Date: 9-13-23

Case #22CHCV00778

Trial Date: Not Set

VACATE DEFAULT

MOVING PARTY: Defendants, Chatsworth Gardens, Apartments, LLC, et al.

RESPONDING PARTY: Plaintiffs, Ivan Medina, et al.

RELIEF REQUESTED

Motion to Vacate Default

SUMMARY OF ACTION

Plaintiffs Ivan Medina, et al. substandard living conditions in dwelling units owned and/or managed by defendants Chatsworth Gardens, Apartments, LLC and Parkville LLC.

On September 22, 2022, Plaintiffs filed a complaint for Breach of Warranty of Habitability, Negligence, Nuisance, Breach of Warranty of Quiet Enjoyment, Intentional Infliction of Emotional Distress, Violation of the Unruh Act, Violation of California Anti-Harassment Statute, Retaliation, and Unfair Competition. On December 8, 2022, the clerk entered a default against defendants.

RULING: Off-Calendar.

Defendants Chatsworth Gardens, Apartments, LLC and Parkville LLC moves to vacate the December 8, 2022, entered default on grounds mistake, inadvertence and excusable neglect.

While the motion shows a proof of service on June 11, 2023, the motion was not filed until September 6, 2023, which is seven calendar days before the hearing date. The motion was filed without any special setting or leave to set the motion on a shortened statutory time frame. The court declines to hear the motion. The motion is taken off-calendar on untimeliness. (Code Civ. Proc., § 1005, subd. (b).)

Defendants to provide notice.