Defendant Jamison Barrera’s motion to set aside the default entered on September 16, 2019 as to Plaintiff Cooley Plaza, LLC’s Complaint, is granted.
“[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.) 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.” It provides for two types of relief. (Leader v. Health Industries of Am., Inc. (2001) 89 Cal.App.4th 603, 615.) A court may grant discretionary relief upon the moving party’s showing of mistake, inadvertence, surprise or excusable neglect. (Id. at pp. 615-616.)
A court must grant mandatory relief upon a showing by an attorney declaration of mistake, i