Judge: Thomas D. Long, Case: 24STCV12964, Date: 2024-11-14 Tentative Ruling

Case Number: 24STCV12964    Hearing Date: November 14, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 23, 2024, Plaintiff Esteban Penaloza filed this action against Defendant Level One Protection Inc.  On August 26, 2024, the Court entered default against Defendant.

On October 10, 2024, Defendant filed a motion to set aside the entry of default.

The Court may relieve a party or counsel from a judgment resulting from mistake, inadvertence, surprise, or excusable neglect.  (Code Civ. Proc., § 473, subd. (b).)  The application for relief must be made within a reasonable time, not to exceed six months, after the judgment.  (Ibid.)  “Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted.  [Citations.]  In such situations ‘very slight evidence will be required to justify a court in setting aside the default.’  [Citation.]”  (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.)

Defendant’s owner declares that he suffered a heart attack in April 2024 and was unable to return to work until July 2024.  (G. Aristizabal Decl. ¶ 2; J. Aristizabal Decl. ¶ 2.)  During this period, his wife attempted to temporarily manage the business.  (G. Aristizabal Decl. ¶ 3; J. Aristizabal ¶ 3.)  Neither he nor his wife have any record of the agent for service of process emailing the summons and complaint to them.  (G. Aristizabal Decl. ¶¶ 4-5; J. Aristizabal Decl. ¶¶ 3-4.)  He did not become aware of this action until the agent for service of process sent an email notification about the Request for Entry of Default in September 2024, and then he immediately retained counsel.  (G. Aristizabal Decl. ¶ 6)

Plaintiff did not file any opposition.  Additionally, Plaintiff’s October 31, 2024 Case Management Statement indicates that Plaintiff requests a jury trial and is willing to participate in mediation or a settlement conference, which further suggests that Plaintiff does not oppose moving forward with Defendant’s participation in this case.

Based on these facts—and in the absence of any opposition—the Court finds that the default is the result of mistake, inadvertence, or excusable neglect, and Defendant is entitled to relief under Code of Civil Procedure section 473.

The unopposed motion to set aside the default is GRANTED.  The default entered on August 26, 2024 is VACATED.

Defendant is ordered to file a responsive pleading within 14 days.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 14th day of November 2024