Tentative Ruling: JPMorgan Chase Bank NA vs Laura Cooper

Case Number

23CV04915

Case Type

Hearing Date / Time

Wed, 04/17/2024 - 10:00

Nature of Proceedings

Cooper’s Motion to Set Aside Banks Default Judgment

Tentative Ruling

William Bliss for JPMorgan [“Bank”]

Defendant in Pro Per [“Cooper”]

Issue

Cooper’s Motion to Set Aside Banks Default Judgment

RULING

The Motion is granted.

Default Judgment

Entered 3/6/24 for $28,637.67.

Cooper’s Motion

Filed 3/12/24; summarized; claims default was taken through her mistake; inadvertence; surprise; testifies by her Declaration that she timely filed an Answer to this matter within thirty (30) days of being served with the Summons and Complaint; Answer was served and the original placed in the Court’s Clerk’s dropbox for filing on or about December 1, 2023; she has reviewed the register of actions for this matter and sees that Answer was never received by the Clerk and filed; a Default was taken; a Default Judgment has been entered; does not know what happened to her Answer; wishes to participate in this lawsuit; requests that the Court set aside the default taken and default judgment entered in this matter and allow her to serve and file an Answer to Plaintiff‘s Complaint (attaches a copy.)

Opposition

On 4/3/23 Bank filed a Non-Opposition to the Motion.

The Court’s Conclusions

The Motion is timely and there is no opposition; the Motion should be granted.