Motion: Defendant’s Motion to Set Aside Default
Tentative Ruling:
To deny.
Explanation:
Relief from Default Pursuant to Code Civil Procedure § 473, subd. (b)
Under Code of Civil Procedure section 473, subdivision (b), the court is empowered to relieve a party “upon such terms as may be just ... from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.” Relief under section 473, subdivision (b) can be based either on: an “attorney affidavit of fault,” in which event relief is mandatory; or declarations or other evidence showing “mistake, inadvertence, surprise or excusable neglect,” in which event relief is discretionary.
Code of Civil Procedure section 473, subdivision (b) also provides, that an application for relief “shall be accompanied by a copy of the answer or other pleading proposed to be filed,” and “shall be made within a reasonable time, in no case exceeding six months, after the jud
Hearing Date
September 16, 2020
Type
06 Unlimited - Breach of Contract/Warranty
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Motion: Defendant’s Motion to Set Aside Default
Tentative Ruling:
To deny.
Explanation:
Relief from Default Pursuant to Code Civil Procedure § 473, subd. (b)
Under Code of Civil Procedure section 473, subdivision (b), the court is empowered to relieve a party “upon such terms as may be just ... from a judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise or excusable neglect.” Relief under section 473, subdivision (b) can be based either on: an “attorney affidavit of fault,” in which event relief is mandatory; or declarations or other evidence showing “mistake, inadvertence, surprise or excusable neglect,” in which event relief is discretionary.
Code of Civil Procedure section 473, subdivision (b) also provides, that an application for relief “shall be accompanied by a copy of the answer or other pleading proposed to be filed,” and “shall be made within a reasonable time, in no case exceeding six months, after the jud