LISA E HANSEN vs HAMIDREZA MALEKZADEH KASHANI
Motion to Vacate and Set Aside Entry of Defaults and, to the Extent Applicable, Default Judgement
Motion type
Parties
Attorneys
Ruling
2026CUMC065472: LISA E HANSEN vs HAMIDREZA MALEKZADEH KASHANI 08/21/2026 in Department 43 Motion to Set Aside/Vacate Default
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Motion: Defendants Hamidreza Malekzadeh Kashani’s and Carpet Galleria Flooring, Kitchen & Bath Inc.’s. Motion to Vacate and Set Aside Entry of Defaults and, to the Extent Applicable, Default Judgement.
Tentative Ruling: The Court intends to GRANT the Motion to Set Aside Entry of Default by Defendants Kashani and Carpet Galleria Flooring, Kitchen & Bath Inc. “Default was entered as a result of Defendants’ counsel’s mistake, inadvertence or neglect (fault) (Code of Civ. Proc., §473, subd. (b)) as established by a declaration submitted by Defendants’ counsel, Kenneth H. Hahn, Attorney at Law, Lim, Han & Delgado APC. " Mr. Hahn sets forth the following timeline of events: Plaintiffs filed the action on April 30, 2206; responsive pleadings were due on June 1, 2026; Defendants retained Mr.
Hahn on May 27, 2026; on May 31, 2026, Mr. Hahn emailed Plaintiffs requesting copies of the Proofs of Service, and requested a two-week extension through June 15, 2026, for filing of the answer and to discuss resolution. Entry of default was requested and default was entered on June 2, 2026, the day after the answer was due.
2026CUMC065472: LISA E HANSEN vs HAMIDREZA MALEKZADEH KASHANI
Relief from default is mandatory when premised on attorney error, if: 1. The motion is filed within six months after entry of default judgment; 2. The motion is supported by an attorney’s sworn affidavit attesting to the attorney’s mistake, inadvertence surprise or neglect; and, 3. The motion is accompanied by the responsive pleading the defendant proposes to file if relief is granted. Defendants’ motion meets these three criteria. The motion is granted. Default is ordered vacated. Defendants are granted leave to file the proposed answer on or before September 12, 2026.
NOTE: The Court recognizes that plaintiff is self-represented, however, self-represented litigants are not entitled to special treatment by the court, and the same rules apply to self-represented litigants that apply to attorneys. Plaintiff is admonished for refusing to grant counsel a routine extension to respond to the complaint and rushing to enter default resulting in this motion. The parties are expected to cooperate and work efficiently together and not burden the court with unnecessary matters. (See Lasalle v.
Vogel (2019) 36 Cal.App.5th 127, re civility in litigation.) Moving party is ordered to serve notice of the Court’s ruling.
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