Rodriguez

INTRODUCTION

Plaintiffs Jesus Flores Rodriguez and Ricardo Cervantes (plaintiffs) appeal from the trial court’s order granting defendant Norma Viveros’s motion to set aside the default and vacate the default judgment entered against her and for leave to file her proposed answer. We affirm. The trial court did not abuse its discretion by granting the motion under Code of Civil Procedure section 473, subdivision (b) (section 473(b)). Substantial evidence showed the default and default judgment were entered as a result of defendant’s excusable neglect and that she was reasonably diligent in seeking to have the default set aside and the default judgment vacated.

FACTS AND PROCEDURAL HISTORY

I.

THE COMPLAINT

In October 2018, plaintiffs filed a complaint for negligence against defendant. The complaint alleged: “On October 26, 2016, Plaintiff Jesus Flores Rodriguez was driving his 2005 Scion TC . . . and was traveling northbound on Bristol Street when before crossing the intersection of Santa Clara Avenue in the City of Santa Ana he was rear-ended by a 2008 Jeep Patriot being driven by Norma Viveros. Plaintiff’s friend, Ricardo Cervantes was also in the vehicle as a passenger.…