Midland Credit Management, Inc. v. Elizabeth Cooke

Case Number

20CV02748

Case Type

Hearing Date / Time

Wed, 01/07/2026 - 10:00

Nature of Proceedings

Motion of Plaintiff Midland Credit Management, Inc. to Set Aside and Vacate Judgment

Tentative Ruling

For Plaintiff Midland Credit Management, Inc.: Robert K. Hanna, Hyo Jin Julia Xiao

For Defendant Elizabeth Cooke: No appearance

                                                          

RULING

For the reasons set forth below, the motion of Midland Credit Management, Inc. to set aside and vacate judgment is granted. The case is dismissed without prejudice.

Background

This action commenced on August 27, 2020, by the filing of the complaint by plaintiff Midland Credit Management, Inc. against defendant Elizabeth Cooke for Account Stated. On February 4, 2021, having received no answer to the complaint, plaintiff obtained a default judgment against defendant in the amount of $10,523.02.

Plaintiff now seeks to set aside and vacate the judgment it has against defendant and asks the court to dismiss the case without prejudice.

There is no opposition to the motion.

Analysis

Code of Civil Procedure section 473, subdivision (b), provides in relevant part:

“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.”

Here, plaintiff declares: “Judgment was entered as to Defendant ELIZABETH COOKE on February 04, 2021. A dispute was raised in the account at issue due to compliance reasons on August 12, 2025, after the Judgment was entered with the Court. Accordingly, Plaintiff now seeks to have the judgment against the defendant set aside and vacated in this action.” (Jung Decl., ¶ 2.)

The court will accept the representations made by plaintiff and grant the requested relief.