TINA YAN vs. STEVEN R. RHOADS

Case No.: CV1800005    

NATURE OF PROCEEDINGS: MOTION TO SET ASIDE 7 MOTION OF EQUITABLE MOTION TO SET ASIDE AND VACATE DEFAULT JUDGMENT [DEFT] STEVEN R. RHOADS

RULING

Defendant Steven R, Rhoads’ Equitable Motion to Set Aside Default is DENIED. Defendant has failed to provide a satisfactory explanation for delay, or any evidence of diligence to avoid default. It would therefore be an abuse of discretion for the court to set aside default on the basis of “equitable relief,” which requires that such a showing be made, after the statutory period for bringing the motion to set aside default, stated in California Code of Civil Procedure § 437 (b) has passed (Stafford v. Mach (1998) 64 Cal.App.4th 1174, 1183.)

FACTUAL & PROCEDURAL BACKGROUND

This is a case that was filed in January of 2018, involving two defaults by Defendant Steven R. Rhoads (“Defendant”), an attorney who is being sued for legal malpractice. (First Amended Complaint (“FAC”); Register of ........