Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

DENISE MCDERMOTT, Plaintiff,

Case No.: YC073018 vs. [Tentative] RULING

DAVID T. MACKLIN, et al., Defendants.

Hearing Date: August 9, 2019

Moving Parties: Defendant David T. Macklin

Responding Party: Plaintiff Denise McDermott

Motion to Set Aside Entry of Default and Default Judgment

The court considered the moving and opposition papers.

RULING

The motion is DENIED.

BACKGROUND

On July 18, 2018, plaintiff Denise McDermott filed a complaint against David T. Macklin, ind. and dba Macklin Enterprises, Inc., and numerous other defendants for (1) breach of contract, (2) breach of fiduciary duty and obligation, (3) negligence, (4) negligent misrepresentation, (5) misrepresentation, (6) conspiracy, (7) conversion, and (8) fraud.

On December 7, 2018, a default was entered against defendant David T. Macklin.

On December 28, 2018, default judgment was entered against defendants for $420,319.

LEGAL AUTHORITY

CCP §473

“The court may, upon terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence,... ..........................................................