Motion to Set Aside/Vacate Judgement
TENTATIVE RULING:
Motion to Set Aside Default
Defendant Essex Realty Management, Inc. (“Essex”) moves to set aside the default entered on September 30, 2020 (the “Motion”). For the following reasons, the Motion is GRANTED.
“It is well settled that appellate courts have always been and are favorably disposed toward such action upon the part of the trial courts as will permit, rather than prevent, the adjudication of
legal controversies upon their merits.” (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 255 [citation omitted].) “Thus, the provisions of section 473 of the Code of Civil Procedure are to be liberally construed and sound policy favors the determination of actions on their merits.” (Id. [citation and internal quotation marks omitted].)
Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. (Fasuyi v
Hearing Date
May 26, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Motion to Set Aside/Vacate Judgement
TENTATIVE RULING:
Motion to Set Aside Default
Defendant Essex Realty Management, Inc. (“Essex”) moves to set aside the default entered on September 30, 2020 (the “Motion”). For the following reasons, the Motion is GRANTED.
“It is well settled that appellate courts have always been and are favorably disposed toward such action upon the part of the trial courts as will permit, rather than prevent, the adjudication of
legal controversies upon their merits.” (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 255 [citation omitted].) “Thus, the provisions of section 473 of the Code of Civil Procedure are to be liberally construed and sound policy favors the determination of actions on their merits.” (Id. [citation and internal quotation marks omitted].)
Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. (Fasuyi v