Motion to be relieved as counsel
Moving counsel shall give notice.
302 C. vs. CTBPV The Motion to be Relieved as Counsel, filed on LLC 4/7/26 by Attorney Crystal Caigoy and Slater Slater Schulman LLP, as to the representation of Plaintiff J.C., is GRANTED, subject to submission of a revised proposed order, reflecting the current trial date. Relief will then be effective upon filing of a proof of service of the signed order upon the client.
Moving counsel shall give notice.
303 Anderson vs. Defendant Nicholas Post’s motion to vacate is Specialty GRANTED. Restaurants Corporation The 2/20/26 entry of default (ROA 104) is vacated. (See Code Civ. Proc., § 473, subd. (b) and §473.5; Post Decl. at ROA 110 demonstrates mistake, inadvertence or excusable neglect; see also Elston v. City of Turlock (1985) 38 Cal.3d 227, 233 [requiring “very slight evidence” and resolving “all doubts ... in favor of the party seeking relief from default”].)
In addition, the Court notes that while plaintiff served the first amended complaint (FAC) on Post by substituted service, there is no declaration of diligence attached to the proof of service as required by Code Civ. Proc., §415.20, subd. (b)(1). Further, in the opposition it appears plaintiff granted a two- week extension for Post to respond to the FAC which, according to the Court’s calculations, resulted in the responsive pleading being due on 3/3/26, thus making plaintiff’s request to enter default premature.
Accordingly, the motion is GRANTED. The default at ROA 110 is VACATED and Post is granted leave to file the proposed verified answer and proposed cross complaint attached as Exhibits A and B to the declaration of James Bohm within 10 days.
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