Case Number: BC689429 Hearing Date: November 21, 2018 Dept: O

Defendant Donald H. Schmidt’s (“defendant”) motion to set aside entry of default is GRANTED. Attorney Khachik Akhkashian is sanctioned $500, payable to the Clerk of the Court within 30 days, and $500, payable to Plaintiff Reynaldo S. Corrales within 30 days, with a receipt of payment to be filed with this Court. (CCP §§ 473(c)(1)(A) and (C).) Defendant’s Answer is deemed filed this date.

Defendant move to set aside entry of default per CCP 473(b).

Merits

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).) Here, defendant’s motion was filed within six months of the Court’ granting entry of default on April 6, 2018. (See Notice of Motion and Motion to Set Aside Entry of Default and Default Judgment (“Motion”))

The Court accepts Attorney Akhkashian’s declaration of fault, attesting that he failed to respond to the Complaint due to his mother’s health condition. (See Motion, Exhibit 4 ¶¶ 7-25.) As a result, the motion is granted.

Sanctions

The court shall, whenever relief is granted based on an attorney’s affidavit of fault, direct the attorney to pay reasonable compensatory legal fees and costs to opposing counsel or parties. (CCP § 473(b).) 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 Akhkashian 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(b) and (c)(1)(A) and (C).)