Cruz vs. Lomeli

1 Cruz vs. Lomeli Motion to Set Aside

Defendants Isis Lomeli’s and Gustavo Lomeli’s 30-2024-01427526 Motion to Set Aside Default is DENIED as unnecessary and moot

Pending Motion

Defendants Isis Lomeli and Gustavo Lomeli move “for order vacating and setting aside the default judgment entered in this action . . . and for leave to file the attached proposed answer demurrer”. (Notice of Mot. and Mot. to Set Aside Default at p. 1.)

Standard to Set Aside Entry of Default or Default Judgment

The Civil Procedure Code grants the court discretion to “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, surprise, or excusable neglect.” (Code Civ. Proc., § 473, subd. (b).)

However, the court records show that no default has been entered against Defendant Isis Lomeli or Defendant Gustavo Lomeli, nor has any default judgment been issued against either of them.

Therefore, Defendants do not need to set aside the any entry of default or default judgment.

Defendants may file and serve their demurrer, answer, or other responsive pleading at any time, without further leave to the court.

In addition, the court has ordered Plaintiff Patricia Cruz to pay sanctions in the amount of $500 to the court by May 10, 2026. (See ROA #71.)

Although Plaintiff has attempted to dismiss the entire case, the case cannot be dismissed until the sanctions are paid. (See ROA #87.)

Therefore, the court will deny the motion as moot and unnecessary.

The court clerk shall give notice of this ruling.