Motion To Set Aside Default
TENTATIVE RULING
Motion to Set Aside Default
Defendant’s motion to set aside the default is denied. Defendant fails to present admissible evidence establishing “mistake, inadvertence or excusable neglect” as a basis for setting aside the default entered almost 3 months after Defendant’s responsive pleading was due. While it is true that very slight evidence is required to justify a trial court's order setting aside a default, there still must be some admissible evidence. (See Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.) Counsel’s averments on information and belief and hearsay statements do not qualify as admissible evidence.
Mandatory relief is required if the attorney for the party seeking relief claims it was his or her fault the default was entered. (CCP, § 473(b).) If Defendant’s workers’ compensation attorney failed to take appropriate action, then a declaration to that effect would require the default to be set aside. No such declaration was
Hearing Date
November 02, 2018
For full print and download access, please subscribe at https://www.trellis.law/.
Motion To Set Aside Default
TENTATIVE RULING
Motion to Set Aside Default
Defendant’s motion to set aside the default is denied. Defendant fails to present admissible evidence establishing “mistake, inadvertence or excusable neglect” as a basis for setting aside the default entered almost 3 months after Defendant’s responsive pleading was due. While it is true that very slight evidence is required to justify a trial court's order setting aside a default, there still must be some admissible evidence. (See Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.) Counsel’s averments on information and belief and hearsay statements do not qualify as admissible evidence.
Mandatory relief is required if the attorney for the party seeking relief claims it was his or her fault the default was entered. (CCP, § 473(b).) If Defendant’s workers’ compensation attorney failed to take appropriate action, then a declaration to that effect would require the default to be set aside. No such declaration was