NATURE OF PROCEEDINGS: MOTION TO SET ASIDE — DEFAULT AND VACATE DEFAULT JUDGMENT [DEFT] MILTON A. PACAS

RULlNG Defendant’s motion to set aside default and default judgment is denied,

Defendant has not made a showing of mistake. His statement that he did not have time to respond does not support a finding that he was mistaken as to his duty to respond. Rather, it indicates he knew he needed to respond but did not do so.

Defendant’s statement that he did not have time to respond is not sufficient to establish excusable neglect The circumstance of being busy with other matters “standing alone would not constitute excusable neglect.” (Elston v. City ofTurlock (1985) 38 Cal.3d 227, 234.) “The press of business is not a sufficient excuse for failing to respond to service of a summons and complaint." (Bellm v. Bella (1984) 150 Ca1.App.3d 1036, 1038.)

Parties must comply with Marin County Superior Court Local Rules, Rule 1.1!}(8) to contest the tentative decision. In the event that no party r