Judge: William A. Crowfoot, Case: 24AHCV00125, Date: 2024-06-25 Tentative Ruling


Case Number: 24AHCV00125    Hearing Date: June 25, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

TAICHANDRA FYELDEES,

                   Plaintiff(s),

          vs.

 

ALLIED PACIFIC IPA,

 

                   Defendant(s).

)

)

)

)

)

)

)

)

)

)

)

     CASE NO.:  24AHCV00125

 

[TENTATIVE] ORDER RE: MOTION TO SET ASIDE DEFAULT

 

Dept. 3

8:30 a.m.

June 25, 2024

 

)

 

 

On January 22, 2024, plaintiff Taichandra Fyeldees (“Plaintiff”) filed this action against Allied Pacific IPA and Does 1 to 10. Plaintiff filed an amended complaint on February 16, 2024, correctly naming Allied Physicians of California dba Allied Pacific IPA (“Defendant”) and Does 1 to 10. A proof of service filed on March 25, 2024, shows that Defendant was personally served through its registered agent for service of process on February 28, 2024.

On April 8, 2024, default was entered against Defendant. On May 2, 2024, Defendant filed this motion to set aside and vacate the entry of default. Defendant also requests the Court judicially notice records from a related case filed by Plaintiff against Defendant, captioned Taichandra Fyeldees v. Allied Pacific IPA, et al. (Case No. 22STCV18790). The request is GRANTED.

          Defendant states in its brief that it did not provide the complaint to its counsel, W&D Law, LLP, until after Plaintiff requested the entry of default, and its failure to do so was based on inadvertence and excusable neglect. (Motion, p. 4.) A judge may grant relief from default or a default judgment on the ground of the defendant's excusable neglect if the defendant shows a reasonable excuse for the default. (Jackson v Bank of America (1983) 141 Cal.App.3d 55, 58.) The defendant has the burden of proving excusable neglect by a preponderance of the evidence. (Bonzer v City of Huntington Park (1993) 20 Cal.App.4th 1474, 1478.)

          Defendant’s counsel, Anthony D. Platt, declares that his client did not provide the complaint until after Plaintiff requested the entry of default. (Motion, Platt Decl. ¶ 3.) Mr. Platt refers generally to “inadvertent and excusable neglect” but there is no declaration from Defendant’s corporate representative stating any facts demonstrating excusable neglect. Accordingly, the motion to set aside is DENIED without prejudice.

Dated this 25th day of June, 2024

 

 

 

 

       William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.