This matter is on calendar for plaintiff Synchrony Bank’s (“Plaintiff’s”) motion to set aside and vacate the default it caused to be entered against defendant Michelle Smith aka Michelle A. Smith (“Defendant”) pursuant to Code of Civil Procedure (“CCP”) section 473. According to the supporting declaration of Plaintiff’s counsel Stephanie J. Boone, Plaintiff’s counsel’s office mistakenly requested entry of default on September 24, 2018, while settlement negotiations with counsel for Defendant were underway. Plaintiff and Defendant reached a conditional stipulated settlement agreement on September 27, 2018, but by the time Plaintiff’s counsel realized the default package was mistakenly submitted, the default and default judgment had already been entered. The Court’s file reflects that default was entered on September 25, 2018 and a default judgment against Defendant was also entered on September 25, 2018. Plaintiff’s counsel’s declaration establishes that these requests were submitted to
Hearing Date
April 10, 2019
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This matter is on calendar for plaintiff Synchrony Bank’s (“Plaintiff’s”) motion to set aside and vacate the default it caused to be entered against defendant Michelle Smith aka Michelle A. Smith (“Defendant”) pursuant to Code of Civil Procedure (“CCP”) section 473. According to the supporting declaration of Plaintiff’s counsel Stephanie J. Boone, Plaintiff’s counsel’s office mistakenly requested entry of default on September 24, 2018, while settlement negotiations with counsel for Defendant were underway. Plaintiff and Defendant reached a conditional stipulated settlement agreement on September 27, 2018, but by the time Plaintiff’s counsel realized the default package was mistakenly submitted, the default and default judgment had already been entered. The Court’s file reflects that default was entered on September 25, 2018 and a default judgment against Defendant was also entered on September 25, 2018. Plaintiff’s counsel’s declaration establishes that these requests were submitted to