Defendants Craig Caringella and Christie Weber filed a motion for relief from entry of default and judgment on default entered in this action. Defendant James and Kathy Caringella also filed a motion relief from entry of default and judgment on default entered in this action. The motions are granted.
The law favors a trial on the merits, and doubts in applying Code of Civil Procedure section 473 are resolved in favor of the party seeking relief from default. If a party moves promptly for default relief, or if the granting of the relief from default will not prejudice the opposing party (other than losing the advantage of the default), only slight evidence will justify an order granting such relief. (Iott v. Franklin (1988) 206 Cal.App.3d 521, 526.)
Code of Civil Procedure section 473, subdivision (b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” Genera
Hearing Date
January 11, 2019
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Defendants Craig Caringella and Christie Weber filed a motion for relief from entry of default and judgment on default entered in this action. Defendant James and Kathy Caringella also filed a motion relief from entry of default and judgment on default entered in this action. The motions are granted.
The law favors a trial on the merits, and doubts in applying Code of Civil Procedure section 473 are resolved in favor of the party seeking relief from default. If a party moves promptly for default relief, or if the granting of the relief from default will not prejudice the opposing party (other than losing the advantage of the default), only slight evidence will justify an order granting such relief. (Iott v. Franklin (1988) 206 Cal.App.3d 521, 526.)
Code of Civil Procedure section 473, subdivision (b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” Genera