2013-00153036-CL-CL

Largaespada Enterprises Inc vs. Justin Freeland

Nature of Proceeding:   Motion to Set Aside Default and Default Judgment

Filed By:  Freeland, Justin

Defendants Justin Freeland and Melanie Freeland’s (collectively “Defendants”) motion
to set aside default and default judgment (CCP 473(b)) is ruled upon as follows.

This is an action for breach of contract and account stated.  On January 10, 2014 entry
of default and default judgment were entered against Defendants.

Defendants declaration states the following.  Prior to the entry of default and default
judgment, they spoke with Plaintiff’s attorney, and provided documentation showing
that the amount owed was less.  Defendants asked that Plaintiff’s attorney not take any
further action until Plaintiff had seen and responded to the documentation, and
Defendants received notice of the response.  (Declaration of Justin and Melanie
Freeland.)   On December 27, 2013, Plaintiff’s counsel sent a confirming letter stating
“we have agreed to not file a default judgment until we have received an update from
Safe Security Solutions.  Plaintiff shall not continue prosecution of the lawsuit until we
have received a response and contacted you directly.  However, if you fail to return
contact as required by this Agreement . . . Plaintiff may obtain a
judgment.”  (Declaration of Justin and Melanie Freeland, Ex. A.)  Defendants believed
that Plaintiff would take no further action until they were contacted and had a chance
to respond.   (Declaration of Justin and Melanie Freeland.)  Default and default
judgment were entered on January 10, 2014 without warning to Defendants.
(Declaration of Justin and Melanie Freeland.)

In opposition to the motion, Sharon Self, Plaintiff’s senior litigation paralegal assigned
to work on the matter, proffers her declaration.  She acknowledges the letter sent on
December 27, 2013.  She states that after conferring with Plaintiff, on January 6, 2014,
she sent a letter to Defendants explaining the terms of the contract and offering to
settle the lawsuit.  (Declaration of Sharon Self, Ex. B.)  On January 7, 2014,
Defendants called Plaintiff’s counsel’s office and stated that they had received the
letter and were not going to settle the lawsuit. (Id., para. 6.)  Justin Freeland was told
that open extension of time to respond to the complaint was being revoked and he was
told that he needed to answer the complaint.  (Id., para 7.)  Justin Freeland responded
that he was prepared to file an Answer and would be “filing it tomorrow.”  (Id.)
Because Defendants did not file an answer to the Complaint the following day as
promised, Plaintiff prepared a request for entry of default and default judgment.  (Id.,
para. 8.)

Given the above, the Court finds that Defendants have not demonstrated that the
default and default judgment were taken as a result of mistake, inadvertence, surprise,
or excusable neglect.

Accordingly, the motion is DENIED.

The minute order is effective immediately.