GRANITE ESCROW & SETTLEMENT SERVICES, A CALIFORNIA CORPORATION vs FIRST RIDGE ASSOCIATES, LLC, et al.

23CV013307: GRANITE ESCROW & SETTLEMENT SERVICES, A CALIFORNIA CORPORATION vs FIRST RIDGE ASSOCIATES, LLC, et al. 03/13/2025 Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) in Department 53

Tentative Ruling

NOTICE:

PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard in Department 28, located at 720 9th Street, Sacramento, CA, the Hon. Richard C. Miadich presiding. Should argument be requested by either party, the requesting party must call the Law and Motion Oral Argument Request Line at (916) 874-2615, by 4:00 p.m. the Court day before the hearing, request the hearing, and notify the opposing party of the location and time of hearing pursuant to Local Rule 1.06.

At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

The Court encourages parties to appear remotely for the hearing on the tentative ruling through the Court’s Zoom Application. But, any party wishing to appear in person may do so, provided that party notifies the Court by 4:00 the Court day before the hearing.

The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link:

https://saccourt-ca-gov.zoomgov.com/my/sscdept28

SIP Address:

16039062174@sip.zoomgov.com

(833) 568-8864

ID: 16039062174

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court-

23CV013307: GRANITE ESCROW & SETTLEMENT SERVICES, A CALIFORNIA CORPORATION vs FIRST RIDGE ASSOCIATES, LLC, et al. 03/13/2025 Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) in Department 53

Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided

TENTATIVE RULING: Defendant Central Avenue, LLC’s unopposed motion to vacate and set aside default is granted.

In this interpleader action, Defendant’s default was entered on July 18, 2024. Defendant’s counsel declares that he attempted to file an answer on Defendant’s behalf and believed it had been accepted by the Court. (Jacobs Decl. ¶ 4.) Counsel declares that he was mistaken and that the pleading was rejected. (Id.) Counsel also indicates that he attempted to appear at an October 11, 2024 status conference was not permitted to because the case had been dismissed. The Court notes that there is no dismissal in the Court’s file and the October 11, 2024, minute order from the case management conference indicates that the conference was continued to November 21, 2025.

Here, the moving papers include Defendant’s “attorney’s sworn affidavit attesting to his . . . mistake, inadvertence, surprise, or neglect.” (CCP § 473(b).) The declaration is sufficient. Relief is mandatory. (CCP § 473(b).) As this court has reiterated many times, it is California’s “policy that cases should be decided on their merits.” (Smeltzley v. Nicholson Mfg. Co. (1977) 18 Cal.3d 932, 936.)

No opposition to the motion was filed. A party’s failure to oppose a motion is construed as a concession on the merits of the motion. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)

Defendant shall file and served the proposed answer attached as Exhibit 1 to Defendant’s counsel’s declaration no later than March 27, 2025.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV013307: GRANITE ESCROW & SETTLEMENT SERVICES, A CALIFORNIA CORPORATION vs FIRST RIDGE ASSOCIATES, LLC, et al. 03/13/2025 Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) in Department 53

The notice of motion includes the incorrect address for the Court. The correct address for Department 53 of the Sacramento Superior Court is 813 6th Street, Sacramento, California 95814. In addition, the notice of motion does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Defendant’s counsel is ordered to notify Plaintiff’s counsel immediately of the correct address for Department 53 and of the tentative ruling system and to be available at the hearing in person, via Zoom or by telephone, in the event Plaintiff’s counsel appears without following the procedures set forth in Local Rule 1.06(B).

The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.