Douroux v. The Pep Boys Manny Moe & Jack of California LLC

compensatory legal fees and costs¿to opposing counsel or parties.'" (Ibid.; Code Civ. Proc., Sec. 473, subd. (b).)¿¿ Analysis Defendant moves for relief pursuant to Code of Civil Procedure section 473, subdivision (b). In opposition, Plaintiff argues that Defendant's motion is untimely and the Court no longer has jurisdiction to provide Defendant with relief. "The six-month period for granting relief under section 473, subdivision (b), 'runs from entry of default, not entry of judgment.'" (Kramer v.

Traditional Escrow, Inc. (2020) 56 Cal.App.5th 13, 39.) "The six-month time limit for granting statutory relief is jurisdictional and the court may not consider a motion for relief made after that period has elapsed." (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) Here, the Court entered an entry of default against Defendant on February 5, 2026. (February 5, 2026, CIV-100.) The six-month period ran until August 5, 2026. Defendant filed her motion for relief on August 8, 2026. Thus, Defendant's motion is untimely.

Defendant did not file a timely reply to address the issue raised in the opposition. Therefore, Defendant's motion is statutorily barred from relief pursuant to Code of Civil Procedure section 473, subdivision (b).

Conclusion

Defendant Irma Peralta's motion to set aside the default and default judgment entered against her is denied.

Department 516 Hearing Date: September 1, 2026 Case Name: Douroux v. The Pep Boys Manny Moe & Jack of California LLC Case No.: 25STCV12550 Motion: Motion to be Relieved as Counsel Moving Party: Counsel for Plaintiff Opposing Party: None Tentative Ruling: The Motion to be Relieved as Counsel is granted. Plaintiff's counsel - Molly E. Hoot- seeks to be relieved as counsel of record for Plaintiff John Douroux. No opposition was filed.