Los Angeles County Superior Court, Dept. P


Case Name: Stuart L. Pardau et al. v. California Construction Center Inc., et al.

Case No.: SC124602

Motion: Defendant Mark T. McDonald’s Motion to Set Aside Default

Hearing Date: 2/22/2019

Plaintiffs sued defendant McDonald in 2015 and served him at home via substituted service. In mid-March 2016 defendant learned that default had been entered against him. He claims he was told by a court clerk that it was “too late” for him to file any pleadings. Relying on this representation, defendant did not obtain legal counsel and took no action until November 21, 2018, when he learned that plaintiffs intended to seek an entry of default judgment against him. Defendant now moves to set aside the entry of default for extrinsic mistake.

When evaluating a motion to set aside default or default judgment, the court must “weigh the reasona........