Motion to Set Aside Default and Default Judgment
Because the declaratory relief cause of action is premised on the same theories as the breach of contract, HSAA and fraud causes of action, the court also sustains the demurrer to this cause of action.
Leave to Amend
Sanmina contends that the demurrer should be sustained without leave to amend, because the defects cannot be cured. However, because this is Gemayel’s first cross-complaint, the court will grant leave to amend. (See Eghtesad v. State Farm General Insurance. Co. (2020) 51 Cal.App.5th 406, 411).
Should Defendant/Cross-Complainant George Gemayel desire to file an amended cross-complaint that addresses the issues in this ruling, the amended cross-complaint shall filed and served within 30 days of service of the notice of ruling.
Plaintiff/Cross-Defendant Sanmina Corporation shall give notice.
8 Code 4 Media OFF CALENDAR Group, Inc. vs. Kim 9 Hingorani vs. TENTATIVE RULING: Dunn Motion to Set Aside Default and Default Judgment
Defendant Dane Carson Dunn Jr. moves to set aside the default entered against him. For the following reasons, the unopposed motion is GRANTED.
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. . . .”
A motion seeking relief under Section 473(b) must be brought within 6 months of entry of the judgment. (Civ. Proc. Code § 473(b).)
Defendant’s default was entered on February 17, 2026. (ROA 11.) Defendant timely filed this motion on April 1, 2026. (ROA 28.)
Defendant seeks discretionary relief based on his claimed mistake, inadvertence, and excusable neglect. Defendant was evidently served with the summons and complaint by substitute service on a former employee. (Dunn Dec., ¶¶ 3-6.) The former employee placed the Complaint in a desk drawer and never told Defendant anything about it. (Id.) Defendant did not discover the documents until February 9, 2026, when he located them in the drawer. (Id.) On February 10, 2026, Defendant notified his insurance carrier about the Complaint and tendered it to his carrier.
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Defendant has made a sufficient showing of mistake, inadvertence, or excusable neglect to warrant setting aside the default.
Defendant shall file the Answer to the Complaint within 7 days of this ruling.
Defendant shall give notice of this ruling.
10 Mills vs. CONTINUED TO 9/2/26 Nexgen Air Conditioning and Heating, LLC 11 Regions Bank TENTATIVE RULING: vs. USARIUM INC Plaintiff Regions Bank, Successor by Merger to Ascentium Capital, LLC’s motion to enforce settlement with Defendants Usarium Inc. and Aleh Manchuliantsau is GRANTED in part, as set forth below.
Code Civ. Proc. § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.”
On January 1, 2021, Section 664.6 was amended to state that a settlement agreement signed by an attorney who represents the party is considered “signed by the party” and can be enforced under that Section.
Code Civ. Proc. § 664.6 “was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a