Case Number: KC069703 Hearing Date: March 13, 2018 Dept: O

Winjet Trading Inc. v. ERC Management Company, et al. (KC067992)

Defendants Hsieh, Wei, Zhang, Zmax USA Inc., AZBO Group Inc., and Greenway Industries, Inc.’s MOTION TO SET ASIDE ENTRY OF DEFAULT

Respondent: Plaintiff Winjet Trading Inc.

TENTATIVE RULING

Defendants Hsieh, Wei, Zhang, Zmax USA Inc., AZBO Group Inc., and Greenway Industries, Inc.’s motion to set aside entry of default is GRANTED. Attorney Hsu is sanctioned $500, payable to the Clerk of the Court within 30 days, and $500, payable to Plaintiff within 30 days, receipt of payment to be filed with this court. (CCP 473(c)(1)(A) and (C).) Defendants’ Answer is deemed filed this date.

Defendants Hsieh, Wei, Zhang, Zmax USA Inc., AZBO Group Inc., and Greenway Industries, Inc. move to set aside entry of default per CCP 473(b).

The court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect. (CCP 473(b).)

The court accepts Attorney Hsu’s supplemental declaration of fault, attesting that he failed to respond to the Complaint due to his distraction while preparing/conducting a jury trial. (Hsu Decl., Par. 2.) Motion is GRANTED.

SANCTIONS: (1) Whenever the court grants relief from a default, default judgment, or dismissal based on any of the provisions of this section, the court may do any of the following: (A) Impose a penalty of no greater than one thousand dollars ($1,000) upon an offending attorney or party. (B) Direct that an offending attorney pay an amount no greater than one thousand dollars ($1,000) to the State Bar Client Security Fund. (C) grant other relief as is appropriate. (CCP 473(c).)

Attorney Hsu is sanctioned $500, payable to the Clerk of the Court within 30 days, and $500, payable to Plaintiff within 30 days, receipt of payment to be filed with this court. (CCP 473(c)(1)(A) and (C).)

Plaintiff’s request of a $5 million bond to cover damages pled in the Complaint is denied. Sheffler v. Hutchings (1932) 124 Cal.App. 760 is distinguishable because there, no proposed answer was tendered. Here, Defendant’ proposed Answer is attached as Exhibit A, and deemed filed this date.