California Tentative Rulings
MOTION TO SET ASIDE/VACATE DEFAULT CASE MANAGEMENT CONFERENCE Defendants’ attorney, Thomas Coleman, avers in his moving declaration that there has been a default judgment entered in this case. (Coleman Decl. ¶5). The testimony is mistaken as the Court has not...
Plaintiff Gregory Allan Scafferty’s Motion to Vacate Dismissal filed July 8, 2015, for hearing July 9, 2015, is DENIED. This action was dismissed with prejudice on October 9, 2014. The motion does not purport to set forth the grounds upon...
Defendant’s Request for Court Order to vacate the court’s dismissal of the Small Claims action without prejudice, and to enter a dismissal with prejudice, is denied, without prejudice to Miner re-filing a new request under CCP § 473, which is...
Plaintiff’s motion to set aside the dismissal entered on 2/2/15 is granted pursuant to CCP 473. “Surprise” under CCP § 473 is some condition or situation in which a party is unexpectedly placed to his injury, without any default or...
Plaintiff’s motion to set aside the dismissal of the action entered in this case on February 13, 2015 is DENIED. The court recognizes that the provisions of section 473 are to be liberally construed, and policy considerations favor the determination...
HEARING ON MOTION FOR LEAVE TO FILE A 1st Amended COMPLAINT FILED BY RANDY MCCUAN, AMY MCCUAN * TENTATIVE RULING: * Plaintiffs’ motion for leave to amend pursuant to Cal. Code of Civil Procedure §473 is granted. The court may,...
Counsel for defendant Claude Lee Coker (defendant) is directed to note the notice of change of firm address filed by counsel for plaintiffs Morgen A., Lennon A., Jennifer A., Melanie P., and Jillian P. (plaintiffs) on September 12, 2014. Plaintiffs’...
DEFENDANT JAY AJALTOUNI’S MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND. Denied. CCP sec. 473(b) specifies that an application for relief under the statute must be made “no more than six months after entry of judgment.” “The six month time...
Defendants’ motion to set aside the offer to compromise is GRANTED. The 10/28/13 Offer to Compromise is set aside as is the plaintiffs’ acceptance of 10/30/13. The occlusion of the 4 names is excusable given that there are 12 defendants...