Motion To Set Aside Default
Matter on the Law & Motion / Discovery calendar for Thursday, August 28, 2025, Line 7. DEFENDANT KYLE HILL DESIGN DBA KHD GROUP, LLC's Motion To Set Aside Default.
Defendant's motion to vacate the default entered on June 5, 2025, is granted. Defendant presents a reasonable excuse for not timely responding to the complaint, the motion is timely, and defendant provides a proposed pleading. "Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. In such situations very slight evidence will be required to justify a court in setting aside the default. Moreover, because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default ...." (Kramer v. Traditional Escrow, Inc. (2020) 56 Cal.App.5th 13, 28 [citation simplified].)
Here, the copy of the Hill declaration that was filed with the court (and the courtesy copy) is incomplete and mistakenly includes portions of the Bragman declaration. Nevertheless, paragraphs 1 and 6 of the Hill declaration explain that he is the principal of defendant and failed to respond to the complaint in a timely fashion due to medical and family issues. Defendant demonstrates excusable neglect and the Hill reply declaration buttresses this basis for relief. The court therefore grants the motion.
The court awards $750 to plaintiff as reasonable fees and costs for obtaining the default. (See Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816, 822 ["Section 473 allows the court to impose just conditions in setting aside a default. Such conditions might include the attorney fees and costs incurred by the plaintiff in obtaining the default judgment..."].) Defendant shall make the payment by September 30, 2025. Defendant shall file the proposed answer and cross-complaint by September 5, 2025.
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