IN ORDER TO IMPLEMENT PHYSICAL DISTANCING AND UNTIL FURTHER NOTICE, THE COURT STRONGLY ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR REMOTELY FOR NON-TRIAL AND NON-EVIDENTIARY MATTERS, INCLUDING THIS MOTION.

BALUBAI G. PATEL, Plaintiff, v. HEMANT KHATRI; et al.

Defendants.

Case No.: 19STCV01035

Hearing Date: October 15, 2020

[TENTATIVE] order RE:

Dedendant HEMANT KHATRI’S motion to set aside entry of default

Background

On January 10, 2019, Plaintiff Balubhai G. Patel (“Plaintiff”) filed the instant action against defendants Hemant Khatri (“Defendant”), Hemant Bombaywala, and Sunpower HKHB[1], alleging causes of action for (1) Breach of Contract and (2) Conversion of Funds.

On October 28, 2019, default was entered against Defendant. On February 28, 2020, Defendant filed the instant motion to set aside the entry of default. On July 22, 2020, Plaintiff filed an opposition. On July 28, 2020, Defendant filed a reply.

Legal Standard

Vacate Default

Code of Civil Procedure secti