Motion to Set Aside/Vacate Dismissal (CCP 473)
25CV147971: LOMAX vs ZAMBRANO 05/28/2026 Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) filed by Miguel Zambrano (Defendant) CRS# 781241674230 in Department 24
Tentative Ruling - 05/26/2026 Rebekah Evenson
The Motion to Set Aside/Vacate Default filed by Miguel Zambrano on 02/25/2026 is Granted.
Defendant Miguel Zambranos Motion to Set Aside Default Judgment is GRANTED, as follows.
The Court observes that Defendants default was entered on November 24, 2025, but no default judgment has been entered in this case.
Defendant has filed a declaration, under penalty of perjury, stating that contrary to the statements in the process servers proof of service filed on October 27, 2025, Defendant was not personally served with the summons and complaint and was not at home at the time of the purported service. Defendant further states that neither the summons and complaint nor any other papers were left at his home by the process server, and that Defendant did not learn about this lawsuit until he received a copy of the request for default judgment in the mail on December 1, 2025 (seven days after his default had been entered.) Defendants evidence establishes the basis for relief from default pursuant to Code of Civil Procedure sections 473(d) and/or 473.5.
The default of Defendant Miguel Zambrano entered on November 24, 2025 is SET ASIDE and VACATED.
Defendant shall file and serve his Answer to Plaintiffs Complaint by June 5, 2026.
PLEASE NOTE that the proposed Answer submitted for the Courts consideration is NOT deemed filed or served on anyone.
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