Motion to vacate defaults
TENTATIVE RULINGS
DEPT W15
JUDGE RICHARD Y. LEE
Date: June 04, 2026
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Non-Appearances: If no one appears for the hearing and the Court has not been notified that all parties submit on the tentative ruling, the Court shall determine whether the matter is taken off calendar or whether the tentative ruling shall become the final ruling. The Court interprets a party’s failure to appear at the hearing as a waiver of oral argument. Remote Appearances: Department W15 permits non-evidentiary proceedings, including law and motion, to be conducted remotely. If you are appearing remotely: (1) all counsel and self-represented parties appearing for such hearings must, prior to 1:30 p.m. on Thursday, check-in online via the Court’s civil video appearance website (link here); and (2) participants will then be prompted to join the courtroom’s Zoom hearing session.
Local Rule 375(c): Attorneys shall comply with Local Rule 375(c) which governs “Decorum for In-Person and Remote Court Appearances.” (Local Rule 375(c)) Specifically, the video and audio must be turned on and functioning during the hearing; and attorneys are expected to wear appropriate business attire. # 100 Maple Iron Grove LLC vs. Hudson, 25-01453870
Defendants, Gavin Charles Hudson, Todd Joseph Tromley, Rachel Alice Tromley seek an order vacating the defaults entered against them.
Here, on 7/28/2025 default was entered as to Defendants. Thereafter, this motion was timely filed on 12/20/2025.
The Court is inclined to grant the motion, however, the Motion “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the
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application shall not be granted.” [See CCP § 473(b).] Here, no proposed answer or other proposed pleading has been submitted with the Motion.
Therefore, Defense counsel is ordered to appear at the hearing with the proposed pleading. Upon receipt by the Court, the Court will GRANT the motion, vacate the 7/28/2025 default and vacate the default prove up hearing, and order the proposed pleading to be separately filed and served.
Moving party to give notice.
101 H&B Collision, Inc. vs. Collision Repair Tools LLC, 23-01345138
Arturo E. Matthews, Jr. (“Moving Attorney”) moves to be relieved as Counsel of Record for Defendants, Collision Repair Tools, LLC and Bryan Robaina.
In addition, “[t]he proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.” (California Rules of Court, rule 3.1362(e).)
Here, Moving Attorney has not lodged the required proposed order, nor do the proofs of service indicate service of the proposed order on the clients and opposing counsel. (See ROA 143, 145, 183.)
Accordingly, the Motion to Be Relieved as Counsel is DENIED without prejudice. Moving attorney may re-file the motion curing the above deficiencies and seek to advance the hearing by ex parte.
The moving attorney is to give notice.
102 Sanchez vs. Viana, 24-01412341
Daniel R. Sallus and Adam G. Carpinelli (“Moving Counsel”) moves to be relieved as counsel of record for plaintiff Everardo Sanchez.
The motion is GRANTED.