2012-00133092-CL-CL

Midland Funding LLC vs. Sandra Pantaleo

Nature of Proceeding: Motion to Set Aside and Vacate Judgment

Filed By: Brown, Timothy S.

Plaintiff Midland Funding, LLC’s unopposed motion to set aside and vacate default
judgment is granted.

Pursuant to CCP § 473(b), Plaintiff seeks to set aside the default and default judgment
entered in this matter against Defendant Sandra Pantaleo on the basis that it
discovered after judgment was entered that she was not the proper defendant in this
collection action.

The motion is granted. The default and default judgment entered against Sandra
Pantaleo on April 15, 2013, are set aside. In addition, the Court grants Plaintiff’s
request to dismiss the matter without prejudice. Plaintiff shall file a proper request for
dismissal with the clerk.

The notice of motion provides the incorrect location and time of the hearing. The
matter is assigned to Department 53 for law and motion, not Department 54.
Department 53’s calendar is heard at 2 p.m. Plaintiff’s counsel shall immediately notify
Defendant of the correct location and time of the hearing and shall be available at the
hearing, in person, or by telephone, in the event Defendant appears without following
the procedures set forth in Local Rule 1.06(B).

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or other notice is required.