Defendants NORTH CREEK MEDICINE, INC. and MARK SWYER's Motion to Set Aside Default is GRANTED. The Court finds a basis to set aside the default and default judgment based upon discretionary relief under CCP 473(b). (1) Defendants' Washington counsel reasonably believed default would not be entered because the parties were discussing settlement; (2) Plaintiff had an ethical obligation to warn Defendants prior to moving for entry of default; (3) Mr. Swyer reasonably could not comprehend the severity (or necessity) of avoiding or even setting aside the entry of default given the death of his wife just weeks after Defendants were served with the complaint; and (4) Defendants' ability to set aside the default and default judgment was hampered by complications caused by the spread of a global pandemic, namely, COVID-l9.

The Court does not find a basis to set aside the defaults based upon attorney affidavit of fault (defendant's admit in reply that Mr. Kagan's declaration is not an affidavit