17-UDL-01193 ARGENTINA AVALOS vs. MUHSEN ALI MISIF, et al.

mUHSEN ALI musit Pro/per

ARGENTINA AVALOS Pro/per

Motion to set aside default judgment

· DENIED. Defendant Al Misif’s Motion To Set Aside Default Judgment is Denied. The Defendant fails to establish surprise, mistake, or excusable neglect that would justify vacating the default judgment herein and/or the entry of default.

· Defendant’s statement that the Summons was beneath some pages of the 1st Amended Complaint does not rise to the level of excusable neglect. Both the original and amended pleadings are each only a few pages long, and the Summons should have been easily noticeable. Defendant’s other excuses, i.e. that a second 3-day Notice led him to believe he had another chance to cure his default, and reference to his wife’s illness do not explain away his failure to respond to the 1st Amended Complaint.