Defendant Norma Viveros seeks an order setting aside the clerk’s entry of default on June 12, 2019 and default judgment entered on July 26, 2019 and granting leave to file her proposed answer. The motion is granted.
Plaintiffs’ evidentiary objection is overruled.
“[T]he law favors disposing of cases on their merits.” (Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 696.) Any doubts in applying California Code of Civil Procedure section 473 “must be resolved in favor of the party seeking relief from default.” (Ibid.) 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
Hearing Date
January 24, 2020
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Defendant Norma Viveros seeks an order setting aside the clerk’s entry of default on June 12, 2019 and default judgment entered on July 26, 2019 and granting leave to file her proposed answer. The motion is granted.
Plaintiffs’ evidentiary objection is overruled.
“[T]he law favors disposing of cases on their merits.” (Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 696.) Any doubts in applying California Code of Civil Procedure section 473 “must be resolved in favor of the party seeking relief from default.” (Ibid.) 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