Judge: Thomas Falls, Case: 22PSCV00150, Date: 2022-10-27 Tentative Ruling

The Court may change tentative rulings at any time. Therefore, attorneys are advised to check this website to determine if any changes or updates have been made to the tentative ruling. Counsel may submit on the tentative rulings by calling the clerk in Dept. R at 909-802-1117 before 8:30 the morning of the hearing.

Case Number: 22PSCV00150    Hearing Date: October 27, 2022    Dept: R

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB, AN INSURANCE EXCHANGE vs MIAO WANG, et al. (22PSCV00150)

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MOTION TO SET ASIDE DEFAULT JUDGEMENT

            Responding Party: Unopposed (due Friday, 10/14)

Tentative Ruling

MOTION TO SET ASIDE DEFAULT JUDGEMENT is GRANTED.

Background

This is a subrogation action. Plaintiff Interinsurance Exchange of the Automobile Club alleges that Defendants Miao Wang and Xiaodan Wang are indebted to Plaintiff in the amount of $40,362.52 from an auto accident.

On February 15, 2022, Plaintiff filed the instant action.

On March 22, 2022, defendants were served by substituted service.

On May 5, 2022, the court entered default against both defendants.

On June 22, 2022, Defendant Wang filed the instant motion.

Legal Standard

The court has broad discretion to vacate the entry of default, default judgment or a dismissal, but that discretion can be exercised only if the defendant establishes a proper ground for relief, by the proper procedure and within the set time limits. Pursuant to CCP section 473(b), a motion to set aside/vacate cannot be brought more than 6 months after the entry of default and must be made within a “reasonable time.” 

Discussion

Defendant Wang brings forth the motion on the grounds the following grounds:

Defendant is a Chinese national and had to return to China to renew his visa before his answer to the complaint could be filed, also the Plaintiff was did not know [sic] that a lawsuit was filed because he was never servered. [sic]

It had taken the Defendant until now to get the required visa to reenter the United States.

(Motion p. 4.)

Here, as Defendant Wang argues he was not in the country, the court finds both surprise and excusable neglect apply.

Conclusion

Based on the foregoing, the motion is granted.