CLJ521251 WELLS FARGO BANK, N.A. VS. REGINA OBIAJULU

WELLS FARGO BANK, N.A. REGINA OBIAJULU
MATTHEW W. QUALL PRO/PER

REGINA OBIAJULU’S MOTION TO SET ASIDE AND VACATE DEFAULT JUDGMENT AND ENTER ANOTHER AND DIFFERENT JUDGMENT TENTATIVE RULING:

The motion is DENIED on several grounds. First, it is untimely. The default and default judgment were entered more than four years ago on August 20, 2014. CCP §473(b) requires a motion for relief to be filed within a reasonable time, in no case exceeding six months. Second, defendant has not provided a proposed responsive pleading as required by the statute. Finally, defendant has not offered evidence to support a finding that the default was entered as a result of her mistake, surprise, inadvertence of excusable neglect.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.