Motion to Set Aside Default
rights through nonrepresentation.” (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284 n. 5.)
A Status Conference re: Defendant AmeriEstate Legal Plan, Inc.’s Failure to Be Represented by Counsel is set for July 14, 2026, at 9:00 a.m. in Department N16.
Moving counsel to give notice.
11 Tariffa vs. TENTATIVE RULING: Bako Motion to Set Aside Default
Defendant Jordan Bako moves to set aside the default entered against him on January 24, 2025. For the following reasons, the motion is DENIED.
Code Civ. Proc. § 473(b) provides in pertinent part,
“The court may, upon any terms as may be just, 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. 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. . . .
Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.
The court shall, whenever relief is granted based on an attorney's affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties.”
Defendant Jordan Bako seeks discretionary relief based on claimed mistake, inadvertence, and excusable neglect.
A motion seeking relief under Section 473(b) must be brought within 6 months of entry of the default. (Civ. Proc. Code § 473(b);
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On January 24, 2025, the Court entered default as to all defendants, including Defendant Jordan Bako. Plaintiff filed this motion on December 23, 2025. Thus, the motion is not timely and must be denied.
Plaintiff shall give notice of this ruling.
12 TEC Deal LLC TENTATIVE RULING: vs. Mercedes- Benz USA, LLC For the reasons set forth below, Plaintiffs Tec Deal LLC and Saleh Alljalani’s motion for attorneys’ fees is GRANTED. The court awards Plaintiffs their attorneys’ fees in the total amount of $22,880.75. The court awards costs in the total amount of $828.05.
Objections
Defendant asserts 27 objections to the declaration of Mr. Acosta. The overrules all of the objections. The only paragraphs that are material to this motion are those setting forth the rates of counsel and the paralegals (paragraphs 8-12), and paragraphs 16-18, which sets forth the foundation of the billing records (Exhibit A).
Plaintiff has established his personal knowledge as a partner of the firm who is involved with the assignment and management of cases, and set forth the foundation of the billing records.
The remaining paragraphs are inconsequential. (See Tate v. Fratt (1896) 112 Cal. 613, 619 [no error in overruling the objection to remarks that were inconsequential]).
Basis for Attorneys’ Fees
Civ. Code § 1794, subd. (d) provides:
“If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the