Motion To Set Aside Default
TENTATIVE RULINGS Judge Lindsey E. Martínez, Dept. C24
“Civility is not about etiquette. This is not a matter of bad manners. Incivility slows things down, it costs people money – money they were counting on their lawyers to help them save. And it contravenes the Legislature’s directive that ‘all parties shall cooperate in bringing the action to trial[.]’ (Code Civ. Proc., § 583.130.)” (Masimo Corp. v. The Vanderpool Law Firm, Inc. (2024) 101 Cal. App. 5th 902, 911; see generally OCBA Civility Guidelines.)
• The court encourages remote appearances to save time and reduce costs. • All hearings are open to the public. • You must provide your own court reporter and interpreter, if required. • Call the other side and ask if they will submit to the tentative ruling. If everyone submits, call the clerk. The tentative ruling will become the order. If anyone does not submit, there is no need to call the clerk. • The court will hold a hearing. The court may rule differently at the hearing. (See Lewis v. Fletcher Jones Motor Cars, Inc. (2012) 205 Cal.App.4th 436, 442, fn. 1.)
Hearing Date: August 10, 2026 at 1:30 pm Rulings Posted: 8/7/26 at 12:00 pm
# Case Name Tentative 303 Farahmand vs. Before the Court at present is the unopposed Farahmand Motion To Set Aside Default, filed by Defendant Bahman Farahmand (Defendant) on 4/24/26.
The Motion demonstrates that the default entered against Defendant in Farahmand v. Farahmand, Case No. 2025-01502605, was the result of a mistake. (Esmailpour Decl., ¶¶ 2-7.) Relief is thus permitted under C.C.P. § 473(b), as the Motion was filed within six months after the default was entered on 11/10/26. The Motion includes Defendant’s proposed Answer, and is unopposed. The Motion is therefore GRANTED.
The court vacates the 8/10/26 OSC and sets a status conference for 8/24/26 at 8:45am in Dept. C24. Defendant shall file his proposed Answer within 5 court days, and shall give notice.
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305 Owens vs. Jones Plaintiff Paula Owens’ motion to tax costs is Covey Group, DENIED in part, and GRANTED, in part. Inc. Defendants Jones Covey Group, Inc. and Alberto Muniz’s costs shall be reduced by $23,013.79 and awarded the total amount of $134,895.70.
Entitlement to Costs. Plaintiff failed to obtain a more favorable judgment than Defendants’ valid and enforceable offer to compromise pursuant to Code of Civil Procedure section 998, and thus Defendants are entitled to all postoffer costs including reasonable expert witness fees. (See Code of Civ. Proc. § 998, subd. (c)(1); Chen v. Interinsurance Exchange of the Automobile Club (2008) 164 Cal.App.4th 117, 121.) Based on a reading of Defendants’ § 998 offer as a whole, the Court finds the conditional general release to be limited to the claims in this action and does not present a valuation problem or otherwise renders the offer fatality uncertain. (See Toste v. Calportland Const. (2016) 245 Cal.App.4th 362, 374; see also Sahagun Decl., Ex. B.)
Deposition costs (Item 4). These costs are expressly allowable by statute and Defendants have shown they were reasonably incurred. (See Code of Civ. Proc. § 1033.5, subd. (a)(3); see also Sahagun Decl. ¶¶ 41-50.) Plaintiff failed to meet her burden showing the costs were unreasonable or unnecessary.
Witness fees, court reporter fees, models, enlargements and photocopies (Items 8, 9, 12): Defendants agree to withdraw $23,013.79 in preoffer and transcript-related expenses. The remaining costs are allowable by statute and