Defendant's Motion to Set Aside Default and Default Judgment
"Each response shall answer the substance of the requested admission, or set forth an objection to the particular request." (Code Civ. Proc., Sec. 2033.210.) Responding party shall either admit the request, deny the request, or state that it lacks sufficient information or knowledge to do so. (Code Civ. Proc., Sec. 2033.220.) "If only a part of a request for admission is objectionable, the remainder of the request shall be answered." (Code Civ. Proc., Sec. 2033.230.)
If the merits were reached, they would likely be in favor of Plaintiff. Plaintiff seeks attorney's fees in opposing the motion in the amount of $6,370.00 against Defendant and its counsel as reimbursement for 14 hours billed at a rate of $455 per hour. "The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." (Code Civ. Proc., Sec. 2033.290.) This is reasonable under these circumstances.
Pursuant to Code of Civil Procedure Sec. 2033.290, the Court orders monetary sanctions in the amount of $6,370.00 against Defendant and its attorney of record, jointly and severally, in conjunction with the instant motion. Defendant and its attorney are to pay the sanctions to Weintraub Tobin Chediak Coleman Grodin Law Corporation within 20 days.
In my last ruling on a discovery ruling, I concluded with, "Tesoro's choices concern the Court and I anticipate that the parties will substantially or completely resolve other discovery issues without its assistance." This anticipation was incorrect, and I now amend my forecast. If the parties are not able to work out their discovery differences, I anticipate that substantial meet and confer efforts will occur and any motions filed will be precisely compliant with the rules.
CV-25-003510 - BANK OF AMERICA NA vs BANUELOS, LOLO M - Defendant's Motion to Set Aside Default and Default Judgment - DENIED. No service of the motion is on file, and the declaration does not show good cause and is untimely. The Court lacks authority to grant the motion.
Plaintiff filed the complaint on April 14, 2025. Defendant failed to answer the complaint or otherwise appear and defend the action. On August 5, 2025, default and the clerk's judgment were entered against Defendant. On November 13, 2026, the abstract of judgment issued. On May 14, 2026, Defendant, appearing in pro per, submitted the instant motion to set aside default and default judgment pursuant to Code of Civil Procedure, sections 473(b) and 473.5. The motion is accompanied by a declaration.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
"The court may, upon any terms as may be just, relieve a party or the party's legal representative from a judgment, dismissal, order, or other proceeding taken against the party through the party's mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc., Sec. 473.) "Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." (Id.)
In his declaration, Defendant states that he was served with the complaint and summons but did not understand that he needed to file a response. Defendant believed he could have just appeared in court. Defendant states that he appeared on a hearing date and found out a default judgment had been entered.
Section 473(b) requires that motions for relief "shall be made within a reasonable time, in no case exceeding six months, after the judgment . . . was taken." (Code Civ. Proc., Sec. 473.) Here, the default and clerk's judgment were entered on August 5, 2025. Defendant's motion was not filed until May 14, 2026, which is over 9 months after the judgment was entered. Defendant's motion is therefore untimely because it was not made within six months of the judgment.
CV-25-004154 - GARRETTSTEINMAN, DANIEL PAUL vs SIERRA CLUB - a) Defendant's Motion to Compel Further Responses to Defendants' Request for Admissions, Set No. One - HEARING REQUIRED; b) Defendant's Motion to Compel Further Responses to Defendants' Form Interrogatories, Set No. Two - HEARING REQUIRED; c) Defendant's Motion to Compel Further Production of Documents - HEARING REQUIRED; d)