This Tentative Ruling is made by Judge Jeffrey Brand The Motion of Defendant Khan to Vacate and Set Aside Default and Default Judgment is GRANTED. The default entered 6/28/21 is SET ASIDE and VACATED.
The law strongly favors disposition of cases on their merits, such that any doubts must be resolved in favor of the party seeking relief from default. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.)
In addition, counsel for plaintiff was aware of communications from defendant's counsel and failed to provide notice of an intent to seek a default. (See Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 271 fn 1 [" "While as a matter of professional courtesy counsel should have given notice of the impending default, and we decry this lack of professional courtesy [citation], counsel was under no legal obligation to do so."].)
Plaintiff's request for $11,000 in attorneys' fees (18.5 hours at $600/hr) is DENIED. The fees are not reasonable because counsel for plaintiff unre
Hearing Date
September 08, 2021
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This Tentative Ruling is made by Judge Jeffrey Brand The Motion of Defendant Khan to Vacate and Set Aside Default and Default Judgment is GRANTED. The default entered 6/28/21 is SET ASIDE and VACATED.
The law strongly favors disposition of cases on their merits, such that any doubts must be resolved in favor of the party seeking relief from default. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.)
In addition, counsel for plaintiff was aware of communications from defendant's counsel and failed to provide notice of an intent to seek a default. (See Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 271 fn 1 [" "While as a matter of professional courtesy counsel should have given notice of the impending default, and we decry this lack of professional courtesy [citation], counsel was under no legal obligation to do so."].)
Plaintiff's request for $11,000 in attorneys' fees (18.5 hours at $600/hr) is DENIED. The fees are not reasonable because counsel for plaintiff unre