Yum vs. U.S. Bancorp
Case Information
Motion(s)
Motion to Set Aside Entry of Default
Motion Type Tags
Other
Parties
- Plaintiff: Yum
- Defendant: SOFI LENDING CORP
Ruling
6 Yum vs. U.S. Motion to Set Aside Entry of Default Bancorp The court GRANTS Defendant SOFI LENDING CORP’s unopposed motion to set aside the default entered against it on 1/27/26.
The motion is supported by an attorney affidavit of fault, which sufficiently shows inadvertence. Defense counsel timely filed an Answer on 1/23/26 but mistakenly stated that the Answer was being filed on behalf of “SoFi Bank Lending Corp.” (ROA 43, emphasis supplied.) While the Answer was accepted by the Clerk’s Office for filing, the Clerk’s Office also apparently entered default shortly thereafter on 1/27/26, against “SoFi Lending Corp” as the Answer filed on 1/23/26 was not on behalf of “SoFi Lending Corp”.
The motion is timely and moving defendant has established a proper ground for setting aside the default.
As such, the court VACATES the default entered on 1/27/26.
Moving Defendant SHALL separately file and serve its proposed Answer (ROA 71) within 7 days of this ruling.
Moving Defendant to give notice.
7 Keller vs. Etheridge Motion for Leave to File First Amended Complaint
OFF-CALENDAR. The hearing was vacated after the moving party withdrew the motion. (See 5/12/26 Minute Order [ROA 225] and Plaintiff’s Notice of Withdrawal [ROA 221].)
8 Sierra vs. POPA Motion for New Trial Federal Credit Union
5