MOTION TO SET ASIDE DEFAULT/JUDGMENT
TENTATIVE RULING:
The motion for relief from default is denied without prejudice. The evidence in support of the motion fails to establish that the default was entered as a result of counsel’s mistake or inadvertence.
The declaration of Ann Kariuki states that while responding to discovery served on August 4, 2017, her office became apprised of the relationship between M.H. Podell Company and Sares and a responsibility to appear on behalf of Sares. There is no indication that she represented Sares at the time the default was entered. At best, her declaration indicates she represented M.H. Podell and then, at some unspecified point, became aware of a duty to appear on behalf of Sares. She does not state whether this was before or after default was entered. According to Cisneros v. Vueve (1995) 37 Cal.App.4th 906, if an attorney is not representing the defendant at the time a default is entered, he or she will not be considered the cause of the defaul
Hearing Date
March 12, 2018
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MOTION TO SET ASIDE DEFAULT/JUDGMENT
TENTATIVE RULING:
The motion for relief from default is denied without prejudice. The evidence in support of the motion fails to establish that the default was entered as a result of counsel’s mistake or inadvertence.
The declaration of Ann Kariuki states that while responding to discovery served on August 4, 2017, her office became apprised of the relationship between M.H. Podell Company and Sares and a responsibility to appear on behalf of Sares. There is no indication that she represented Sares at the time the default was entered. At best, her declaration indicates she represented M.H. Podell and then, at some unspecified point, became aware of a duty to appear on behalf of Sares. She does not state whether this was before or after default was entered. According to Cisneros v. Vueve (1995) 37 Cal.App.4th 906, if an attorney is not representing the defendant at the time a default is entered, he or she will not be considered the cause of the defaul