White etc. v. Rubanowitz, et al.
MOTION TO VACATE DEFAULT
(CCP § 473(b))
TENTATIVE RULING:
Defendant Shalom Rubanowitz’s Motion to Vacate the Entry of Default and Default Judgment is GRANTED. TRIAL DATE SET FOR AUGUST 27, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff White, Zuckerman, Warsavsky, Luna & Hunt, LLP (“Plaintiff”) filed the instant action for breach of contract against Defendant Shalom Rubanowitz (“Defendant”) on December 20, 2017. Following Defendant’s failure to appear, the court entered default on April 13, 2018, and default judgment on May 16, 2018. Defendant filed the instant motion to vacate default judgment on October 19, 2018. On November 19, 2018, the Court ruled that the motion was untimely because it was filed more than six months after entry of default. Following Plaintiff’s appeal, the Appellate Division issued a remittitur reversing the Court’s November 19, 2018 ruling and ordering the Court to reconsider whether D
Hearing Date
February 27, 2020
Type
Other Breach of Contract/Warranty (not fraud or negligence) (Limited Jurisdiction)
Status
Default Judgment By Court - Before Trial
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White etc. v. Rubanowitz, et al.
MOTION TO VACATE DEFAULT
(CCP § 473(b))
TENTATIVE RULING:
Defendant Shalom Rubanowitz’s Motion to Vacate the Entry of Default and Default Judgment is GRANTED. TRIAL DATE SET FOR AUGUST 27, 2020 AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff White, Zuckerman, Warsavsky, Luna & Hunt, LLP (“Plaintiff”) filed the instant action for breach of contract against Defendant Shalom Rubanowitz (“Defendant”) on December 20, 2017. Following Defendant’s failure to appear, the court entered default on April 13, 2018, and default judgment on May 16, 2018. Defendant filed the instant motion to vacate default judgment on October 19, 2018. On November 19, 2018, the Court ruled that the motion was untimely because it was filed more than six months after entry of default. Following Plaintiff’s appeal, the Appellate Division issued a remittitur reversing the Court’s November 19, 2018 ruling and ordering the Court to reconsider whether D