Case Number:
20SMCV00458
Hearing Date:
January 27, 2021
Dept:
P Tentative Ruling Taras Shelestyuk v. Banner Promotions Inc., Case No. 20SMCV00458 Hearing Date January 27, 2021 Defendant Banner Promotions, Inc.’s Motion to Set Aside Default – supplemental briefing Plaintiff professional boxer seeks to undo a promotional agreement with defendants on the grounds their contract was unlawful. Default was entered against defendant Banner Promotions, on May 1, 2020. On December 3, 2020 the court heard defendant’s motion to set aside default, ruling the motion was filed outside the statutory six-month period (Cal. Code of Civ. Proc. §473). The court granted defendant leave to file a supplemental brief on the issue of whether defendant is entitled to equitable relief. A court may relieve a party from a “Judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” Cal. Code of Civ. Proc. §473. An