Motion to Vacate Default Judgment
TENTATIVE RULING
The motion is denied, for the following reasons:
First, the moving party has failed to file a proof of service showing service on all other parties in the action, at least 16 court days prior to the hearing. Second, the motion was not accompanied by a proposed pleading, such as an answer. Code of Civil Procedure section 473(b); Weil & Brown, Civil Procedure Before Trial, section 5:305.10, p. 5-82.
Third, there is no accompanying declaration. Accordingly, moving party has failed to present evidence sufficient to establish the default and/or default judgment was entered as a result of “mistake, inadvertence, surprise, or excusable neglect,” as required in Code of Civil Procedure section 473.
Hearing Date
July 01, 2019
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Motion to Vacate Default Judgment
TENTATIVE RULING
The motion is denied, for the following reasons:
First, the moving party has failed to file a proof of service showing service on all other parties in the action, at least 16 court days prior to the hearing. Second, the motion was not accompanied by a proposed pleading, such as an answer. Code of Civil Procedure section 473(b); Weil & Brown, Civil Procedure Before Trial, section 5:305.10, p. 5-82.
Third, there is no accompanying declaration. Accordingly, moving party has failed to present evidence sufficient to establish the default and/or default judgment was entered as a result of “mistake, inadvertence, surprise, or excusable neglect,” as required in Code of Civil Procedure section 473.