Motion: Motion to Set Aside Default
Tentative Ruling: To grant cross-defendant Bob’s Petro Products, Inc.’s motion to set aside the default of its assignor Bill B. Long. Bob’s Petro Products shall file its answer to Richard Joe McCowan and Miranda Anderson’s cross-complaint within ten days from the notice of this ruling.
Cross-defendant Bob’s Petro Products, Inc. has standing under CCP §368.5 to bring this motion as the purchaser-assignee of a note and deed of trust previously held by Bill B. Long.
This action involves three liens against a four-acre olive orchard. Bob’s Petro Products’ Lien was the most junior of the three lienholders. From late-December 2018 through February of 2019, Bob’s Petro was negotiating with Mr. Long to acquire his senior lien on the property. On or about December 26, 2018, McGowan and Anderson sub-served their cross-complaint on Mr. Long.
Mr. Long did not respond to this cross-complaint because he underestimated the time required to complete the conveyance o