Tentative Ruling
Christine Weber v. James Bruce Taylor et al., Case No. SC129036
Hearing Date October 21, 2020
Defendant Burch’s Motion to Set Aside Default;
Defendant Taylor’s Motion to Set Aside Default;
Plaintiff Weber alleges defendants failed to provide promised investment funds to run a medical marijuana facility. Defendant Burch did not answer the first amended complaint but argues she had no knowledge of the alleged promise and has a colorable defense of unclean hands, stating plaintiff did not have a license to sell or distribute medical marijuana. Burch moves to set aside the default judgment.
Under Cal. Code of Civ. Proc. §473(b), a court may relieve any party from a judgment taken against him or her through “mistake, inadvertence, surprise or excusable neglect.” Because there is a strong public policy in favor of deciding matters on their merits, rather than through default, “any doubts in applying section 473 must be resolved in favor of the party seeking relief from
Hearing Date
October 21, 2020
Type
Fraud (no contract) (General Jurisdiction)
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Tentative Ruling
Christine Weber v. James Bruce Taylor et al., Case No. SC129036
Hearing Date October 21, 2020
Defendant Burch’s Motion to Set Aside Default;
Defendant Taylor’s Motion to Set Aside Default;
Plaintiff Weber alleges defendants failed to provide promised investment funds to run a medical marijuana facility. Defendant Burch did not answer the first amended complaint but argues she had no knowledge of the alleged promise and has a colorable defense of unclean hands, stating plaintiff did not have a license to sell or distribute medical marijuana. Burch moves to set aside the default judgment.
Under Cal. Code of Civ. Proc. §473(b), a court may relieve any party from a judgment taken against him or her through “mistake, inadvertence, surprise or excusable neglect.” Because there is a strong public policy in favor of deciding matters on their merits, rather than through default, “any doubts in applying section 473 must be resolved in favor of the party seeking relief from