Judge: Upinder S. Kalra, Case: 21STCV4021, Date: 2023-05-15 Tentative Ruling

Case Number: 21STCV4021    Hearing Date: May 15, 2023    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   May 15, 2023                         

CASE NAME:           U.S. Bank National Association v. Karen Gary Katabyan

CASE NO.:                21STCV4021

MOTION TO SET ASIDE/VACATE DEFAULT JUDGMENT

MOVING PARTY: Plaintiff U.S. Bank National Association

RESPONDING PARTY(S): None as of May 10, 2023.

REQUESTED RELIEF:

1.      An order setting aside/vacating the default judgment

TENTATIVE RULING:

1.      Motion to Set Aside/Vacate Default Judgment is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On February 2, 2021, Plaintiff U.S. Bank National Association (“Plaintiff”) filed a complaint against Defendant Karen Gary Katabyan (“Defendant.”) The complaint alleged two causes of action: (1) Breach of Contract and 92) Recovery of Possession of Personal Property. The complaint alleges that Defendant entered a written contract with Mercedes-Benz for the purchase of a GT63C4. The Seller retained a security interest in the car to secure obligations due under the contract. Defendant has failed to make installment payments and owes $154,660.82.

On August 2, 2021, Plaintiff filed a Request for Entry of Default, which was GRANTED.

On August 16, 2021, Default Judgment by Court was GRANTED.

On March 1, 2023, Plaintiff filed a Motion to Set Aside/Vacate Default Judgment.

LEGAL STANDARD:

“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…  [The application] shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.”  CCP § 473(b). 

Although a trial court has discretion to vacate the entry of a default or subsequent judgment, this discretion may be exercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits.” Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495. “The defendant must … demonstrate a satisfactory excuse for not responding to the original action in a timely manner.” Id. at 504. Moving parties have the initial burden to prove excusable neglect by a preponderance of competent evidence. Kendall v. Barker (1988) 197 Cal.App.3d 619, 624.   

CCP § 473(d) provides in relevant part that “[t]he court may, upon motion of the injured party…set aside any void judgment or order.” CCP § 473(d) 

ANALYSIS:

            Plaintiff moves to vacate the default judgment that was entered in Plaintiff’s favor on August 16, 2021. The case was transferred to the firm of Ghidotti Berger, LLP in May 2022. Counsel became aware that the default judgment contains a defect. The judgment references a 2019 Mercedes-Benz GT63C4, VIN # WDD7X8JB1KA008023. However, the judgment inadvertently left the 1 from the VIN number. Therefore, Plaintiff requests the judgment be vacated.

            In Zamora v. Clayborn Contracting Group, Inc., the Supreme Court determined that certain types of mistakes, such as writing “against” instead of “in favor of,” are clerical and can be done by anyone, and thus are excusable. It further stated that “appellate courts have routinely affirmed orders vacating judgments based on analogous mistakes made by an attorney or his or her staff.” (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 259.) Here, the Court finds that the mistake was similar; a reasonable person could have easily overlooked a number “1” in such a long string of numbers and letters, like here, which contains 17 characters. Thus, this mistake was inadvertent.

                        Motion to Set Aside/Vacate Judgment is GRANTED.

Conclusion:

            For the foregoing reasons, the Court decides the pending motion as follows:

            Motion to Set Aside/Vacate Default Judgment is GRANTED.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             May 15, 2023              __________________________________                                                                                                                Upinder S. Kalra

                                                                                    Judge of the Superior Court