Hearing: JEFF A LESSER VS LYN DECOR, INC., A CALIFORNIA CORPORATION, ET AL.

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                                SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
                                           Civil Division
                    Central District, Stanley Mosk Courthouse, Department 58

19STCV43425                                                                        October 1, 2020
JEFF A LESSER vs LYN DECOR, INC., A CALIFORNIA                                           8:30 AM
CORPORATION, et al.


Judge: Honorable John P. Doyle                     CSR: None
Judicial Assistant: M.F. Lopez                     ERM: None
Courtroom Assistant: R.E. Lee                      Deputy Sheriff: None

APPEARANCES:
For Plaintiff(s): Jeff A. Lesser
For Defendant(s): Masoud Masjedi (Telephonic) appearing for Nayrika Masjedi




NATURE OF PROCEEDINGS: Hearing on Motion to Set Aside/Vacate Default and Default
Judgment (CCP 473.5); Hearing on Motion to Set Aside/Vacate Default and Default Judgment
(CCP 473.5)



The matter is called for hearing.

Hearing on Motions to Aside/Vacate Default and Default Judgment is held.

The Court gives the following tentative ruling:

The Motions to Set Aside Default are denied.

Defendants Lyn Decor, Inc. and Nayrika Masjedi seek to set aside their defaults entered on
March 20, 2020. Defendants seek discretionary relief under Code Civ. Proc. § 473(b). They
contend that because of the Court’s backlog caused by the COVID-19 pandemic, they had no
knowledge of whether a default had been entered until July 2020. They also provide that from
July 2020 through August 2020 they believed that the only contemplated action by the Court was
dismissal of this lawsuit.

The discretionary provision of Code Civ. Proc. § 473(b) provides, “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. Application for this relief . . . shall be made within a reasonable
time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was
taken.” The statute is liberally construed in order to give effect to the policy favoring resolution
of disputes on their merits. (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410.) To
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