Judge: Elaine W. Mandel, Case: 23SMCV00408, Date: 2023-04-26 Tentative Ruling

Case Number: 23SMCV00408    Hearing Date: April 26, 2023    Dept: P

Tentative Ruling

11833 Darlington LLC v. Dolvett L. Quince et al., Case No. 23SMCV00408

Hearing Date April 26, 2023

Defendant Quince’s Motion to Set Aside Default Judgment

Plaintiff 11833 Darlington filed an unlawful detainer complaint on January 31, 2023 and filed a proof of service by substituted service on February 14, 2023. Darlington requested entry of default on March 1, 2023. The initial proof of service included no statement of due diligence, so the clerk declined to enter default. Darlington’s amended proof of service, filed March 2, 2023, included a declaration describing the process server’s attempts to effect personal service before substitute serving. Darlington obtained entry of default judgment on March 2, 2023, which defendant Quince moves to set aside.

Under Cal. Code of Civ. Proc. §473(b), a court may relieve a party from judgment, dismissal, order, or other proceeding taken against him or her through mistake, inadvertence, surprise, or excusable neglect. Cal. Code of Civ. Proc. §473(b).

Quince states he was unaware of his deadline to respond to the complaint and acted diligently since he learned default was entered. Quince filed a proposed answer and retained counsel, indicating he is prepared to litigate this matter on the merits.

Quince moved promptly to set aside once default was entered. There is no indication Darlington will suffer undue prejudice if the motion is granted. Contrary to defendant’s claim, the costs associated with litigating this matter do not constitute undue prejudice; they are the expected costs of filing a lawsuit. In light of these facts and the strong public policy in favor of deciding matters on the merits, default is set aside. Quince’s answer deemed filed as of April 26, 2023. GRANTED.