Capital One, N.A. v. Amajioyi

Case: Capital One, N.A. v. Amajioyi Case No. CV2025-2685 Hearing Date: July 16, 2026 Department Thirteen 9:00 a.m.

Defendant Chukwunedum Amajioyi’s motion to set aside default and default judgment is DENIED WITHOUT PREJUDICE. (Code Civ. Proc., § 473.5, subd. (b).) Defendant does not show that his lack of actual notice in time to defend the action was not caused by his inexcusable neglect. (Ibid.; see Amajioyi decl.) Additionally, defendant’s motion was not accompanied by “a copy of the answer, motion, or other pleading proposed to be filed in the action.” (Code Civ. Proc., § 473.5, subd. (b).)

The notice of motion provides notice of this Court’s tentative ruling system. However, the notice does not contain the required language pursuant to Local Rule 11.2(b) (as amended, eff. Jan. 1, 2023). Counsel for moving party, or the moving party if unrepresented by counsel, is ordered to notify the opposing party or parties immediately of the tentative ruling system.

If no hearing is requested, and no party appears at the hearing, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.

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