Motion,Ex Parte: CAPITAL ONE BANK VS CLAY

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                                SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF YOLO
CIVIL LAW AND MOTION MINUTE ORDER

HON: DANIEL M WOLK
CASE NO: CV-2016-1409

TITLE: CAPITAL ONE BANK VS CLAY

DATE: 12/04/2020
TIME: 9:00 AM

PROCEEDINGS: "MOTION - Gel Weide % Useabe dufwlk @ de faolt

CLERK: Piper Noto

APPEARANCES
1OPlaintiff Present

20W/By Alls:

 

NEXT SCHEDULED APPEARANCE

REPORTER: Sedgrent

1914 Tentative ruling adopted; see attached

WARRANT ORDERS

1 O Debtor failed to appear; Warrant of Body
Attachment ordered; Bail set $.

2 O Stay issuance of warrant until next hearing,

creditor to send warning letter to debtor

3 O Warrant of body attachment recalled

DISMISSALS

 

 

1 ODate. Time 1 O Case ordered dismissed
For. Dept Owith Owithout prejudice
2 ODate: Time. 2 O Case ordered dismissed for lack of
For. Dept prosecution (DLP)
3 QJury OCourt Trial OTime Est. 3 O Party dismissed (PDS)
Date. Time Dept.
4 DSettlement Conference
Date. Time. Dept. RULINGS
5 OTrial Readiness Conference 1 0 Court ordered temporary orders remain in
Date. Time. Dept. effect pending further hearing

 

40 Continued by Court's Motion (CTC)
5 0 Continuance requested by party(s) (CPM)
By:

2 0 Court granted restraining order effective
until . Defendant ordered to stay
yards away from plaintiff.

 

6 O Notice waived

MOTION/ORDERS
1 O Cause ordered off calendar
Orequest of Ono pis filed
3 O Default ordered
4 0 Proceed by offer of proof
5 O Stipulation reached
6 O Submitted on the pleadings
Owith argument Owithout argument
7 O Taken under submission (USD)
8 O Motion/Petn/App
Ogranted (MOTG) Odenied (MOTD)
100 Claim of exempt DENIED, $$ released to
creditor
110 Claim of exempt GRANTED, $$ released to
debtor
120 Debtor sworn and released
160 Settlement conference held; case settled
(SCL)
170 Trial confirmed; no settlement reached
18 Tentative ruling posted (TD)

Other:TENTATIVE RULING

Case: Capital One Bank v. Clay
Case No. CV-2016-1409

Hearing Date: December 4, 2020 Department Nine 9:00 a.m.

Plaintiff Capital One Bank (USA), N.A.’s motion to set aside and vacate default and default
judgment is GRANTED. Plaintiff cannot obtain relief under Code of Civil Procedure section
473(b) because more than six months have passed since the entry of default and default
judgment. (Code Civ. Proc., § 473, subd. (b).) However, the Court, under its inherent and
equitable power, finds exceptional circumstances to set aside the default and default judgment.
(Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981-982; Stiles v. Wallis (1983) 147 Cal.App.3d
1143, 1147-1148; Olivera y. Grace (1942) 19 Cal.2d 570, 573-574; Code Civ. Proc., § 128,
subd. (a)(8); D’Anna decl., ff 3-7.)

The notice of motion does not provide notice of this Court’s tentative ruling system as required
by Local Rule 11.4(b). Counsel for moving party, or the moving party if unrepresented by
counsel, is ordered to notify the opposing party or parties immediately of the tentative ruling
system. a

If no hearing is requested, and no party appears at the hearing, this tentative ruling is effective

immediately. No formal order pursuant to California Rule of Court 3.1312 or further notice is
required.

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