The Court GRANTS moving Defendants’ request to strike the entry of their defaults which were entered on May 26, 2020. (See Register of Action # 42 and CCP § 473(b) (discretionary relief for mistake, surprise, inadvertence, excusable neglect), CCP § 473(d) (relief granted for clerical mistakes and void acts) and CCP § 128(a)(5), (8).)
The time when a responsive pleading was due here is complicated and debatable.
As an initial matter, CCP 418.10 refers to the time as running from the date of service of notice of entry of the order denying the motion to quash. (See CCP § 418.10(b).). It may be questioned here whether the Plaintiff’s notice of ruling (filed 3/4/20) satisfied the requirement of giving notice that an order has been entered. (See Alan v. American Honda Motor Co., Inc. (2007) 40 Cal.4th 894, 903 (notice of entry of an order is not the same as notice of the court’s ruling); Sadler v. Turner (1986) 230 Cal.Rptr. 561, 563.) This would potentially impact the due date of a responsi
Hearing Date
October 19, 2020
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The Court GRANTS moving Defendants’ request to strike the entry of their defaults which were entered on May 26, 2020. (See Register of Action # 42 and CCP § 473(b) (discretionary relief for mistake, surprise, inadvertence, excusable neglect), CCP § 473(d) (relief granted for clerical mistakes and void acts) and CCP § 128(a)(5), (8).)
The time when a responsive pleading was due here is complicated and debatable.
As an initial matter, CCP 418.10 refers to the time as running from the date of service of notice of entry of the order denying the motion to quash. (See CCP § 418.10(b).). It may be questioned here whether the Plaintiff’s notice of ruling (filed 3/4/20) satisfied the requirement of giving notice that an order has been entered. (See Alan v. American Honda Motor Co., Inc. (2007) 40 Cal.4th 894, 903 (notice of entry of an order is not the same as notice of the court’s ruling); Sadler v. Turner (1986) 230 Cal.Rptr. 561, 563.) This would potentially impact the due date of a responsi