Case Number:
22STCV10612
Hearing Date:
December 26, 2023
Dept:
30
DENNIS MCCARTHY vs CITY OF LOS ANGELES
TENTATIVE Defendants motion to set aside default and default judgment is GRANTED. Defendants answer is deemed filed as of the date of this order. Defendant is ordered to pay monetary sanctions to Plaintiff in the amount of $1,000 within 30 days of this order. Legal Standard Code of Civil Procedure, section 473, subdivision (b) provides for two distinct types of reliefcommonly differentiated as discretionary and mandatoryfrom certain prior actions or proceedings in the trial court. (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1124 (Luri).) The discretionary portion of section 473, subdivision (b) provides: The court may, upon terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for