Jaloudi vs. Medi-Syn, Inc.

and the other six fall under the “major permanent improvements” category. (Mov. Pts. & Auth. at p. 5, lines 10-17; citing to Defendants’ response to separate statement, ROA 319.)

Defendants fail to show that the requested bifurcation would promote judicial economy or avoid jury confusion. A determination of whether a fence on one property will not necessarily eliminate a determination of whether a pool, shed, tree, wall, or fence on another property interferes with the District’s easement rights. Defendants contend that the District lumps all the 12 properties together to create jury confusion. As the properties will be identified by address and owner, it is not evident that the jury will be confused at trial.

Plaintiff to give notice.

8 Jaloudi vs. Medi- Motion to Set Aside Default and Default Judgment Syn, Inc. Motion for Entry of Judgment

1. Motion to Set Aside Default

The court GRANTS Defendant MEDI-SYN, INC.’s motion to set aside default pursuant to Section 473(b) of the Code of Civil Procedure.

Defendant answered the original complaint but did not timely answer the Second Amended Complaint. At Plaintiff ANGELICA JALOUDI’s request thereafter, default was entered on 4/15/26. Soon thereafter, Defendant timely filed the instant motion on 6/3/26, on the grounds that default was entered because of defense counsel’s mistake and surprise.

Section 473(b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds of “mistake, inadvertence, surprise or excusable neglect.” (Code Civ. Proc., § 473(b).) Generally, mandatory relief exists upon a showing by an attorney declaration of mistake, inadvertence, surprise or

neglect. (Leader v. Health Industries of Am., Inc. (2001) 89 Cal.App.4th 603, 616. See also, SJP Limited Partnership v. City of Los Angeles (2006) 136 Cal.App.4th 511, 516-517 [“Relief is mandatory when a complying affidavit is filed, even if the attorney's neglect was inexcusable.”].) Moreover, “because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.” (Maynard v. Brandon (2005) 36 Cal.4th 364, 371-372) [internal citation omitted]).

Here, Defendant proffers the declaration of defense counsel EUGENE MATTHEWS that warrants mandatory relief. In a nutshell, defense counsel states the following: He did not originally know why he was served with Plaintiff’s request for entry of default because he did not realize that he was served with a Second Amended Complaint. Defense counsel also repeatedly requested the basis for the request for default, including requesting a copy of the amended complaint.

In response, Plaintiff notes that defense counsel (1) knew that leave to amend had been granted, (2) was present at the 10/31/25 hearing when the court ordered that the amended pleading be filed within five days, (3) received electronic service of the SAC, (4) did not respond for five months, (5) failed to appear at the March 16 status conference at which the court confirmed no answer was on file, (6) received the default request on 4/6/26, and (7) failed to call or follow up before default was entered 9 days later.

Plaintiff also argues that she is entitled to attorneys’ fees and costs. Section 473(b) states,

“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.”

(Code Civ. Proc. § 473(b). See also Rodriguez v. Brill (2015) 234 Cal.App.4th 715, 734 [“Whenever relief is granted based on an attorney's declaration or affidavit of fault, the trial court is required by section 473(b) to “direct the

attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties.”].)

Defendant does not contest that Plaintiff is entitled to fees under this section, and the court finds Plaintiff’s requested amount of $4,700 to be excessive under the circumstances. (See Hammoud Decl., ¶ 15.)

The court ORDERS Defendant’s counsel EUGENE MATTHEWS to pay $1,000 in reasonable compensatory legal fees and costs to Plaintiff ANGELICA JALOUDI.

Defendant Medi-Syn, Inc. shall also separately file the proposed Answer (attached to the declaration of counsel) within 5 days. The court notes that the scanned copy of the proposed answer is of poor quality and difficult to decipher.

Defendant SHALL file a clear and legible proposed Answer.

Plaintiff to give notice.

2. Motion for Judgment

In light of the above ruling, Plaintiff ANGELICA JALOUDI’s motion for default judgment is DENIED as MOOT.

Plaintiff to give notice.

Trial remains set for 4/26/27.

9 Sabroso vs. Express Motion to Compel Arbitration Services, Inc. As explained below, the court CONTINUES Defendant EXPRESS SERVICES, INC’s Motion to Compel Arbitration to October 30, 2026, at 9:30 am in Dept. W8.

Before arbitration can be compelled, the moving party bears the burden of proving the existence of an applicable

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