Wei vs. Sarkis

minutes of service. (See Reply at p. 3:15-19; Furcolo Decl. ¶ 4, Ex. E [Mr. Reeder’s response to the 5/29/26 email sent ten minutes later].)

Any competent litigation attorney (especially a managing partner of a litigation firm, see Reeder Decl. ¶ 1) knows or should know that a “witness list” and “exhibit list” are typically served shortly before trial. This should have alerted Mr. Reeder that a trial date was imminent, and he could have checked the trial date simply by taking a look at the documents. But Mr. Reeder has entirely failed to explain how he missed the trial date listed on the witness list and exhibit list served the day before trial, or, if he did not bother to open the attachments in the first place, why he neglected to do so or how that neglect is “excusable” under the circumstances, particularly given the nature of the (trial) documents and the fact that Mr.

McCreary had just departed the firm. There is also no explanation as to how or in what manner RMG’s counsel discovered their failure to appear at trial. This complete lack of information as to whether, why, and how Mr. Reeder missed the trial date on the cover pages of the witness list and exhibit list served the day before trial, and how and when counsel even learned of their failure to appear, renders RMG’s showing insufficient for discretionary relief. (See Younessi v. Woolf (2016) 244 Cal.App.4th 1137, 1146-1147; see also Tackett v.

City of Huntington Beach (1994) 22 Cal.App.4th 60, 66 [“It is impossible for a court to characterize neglect as excusable when the attorney has not described what the neglect was.”].)

Plaintiff’s request for judicial notice is GRANTED. (See Evid. Code § 452, subd. (d); see also Kilroy v. State (2004) 119 Cal.App.4th 140, 146-147.)

Defendant shall give notice.

214 Wei vs. Sarkis Motion to Set Aside/Vacate Default

2025-01509812 Cross-defendant Yilu Amanda Wei’s motion to set aside the default entered on the cross-complaint on February 20, 2026 is DENIED. Wei has failed to meet her burden showing she did not receive proper notice of the service of the cross-complaint. See Code of Civil Procedure § 473.5. See also Anastos v. Lee (2004) 118 Cal.App.4th 1314.

Wei to give notice.