Presiding Justice Michelle Weston
Insurer State Farm appealed from an order granting Cruz-Pena’s motion to vacate a default judgment entered against him, and an underlying order which granted insurer summary judgment. After a default was entered against defendants in this subrogation action, Cruz-Pena moved to vacate the default. Insurer and Cruz-Pena entered into a so-ordered stipulation vacating the default against him, but another default was entered when he failed to oppose insurer’s summary judgment motion. Insurer argued Cruz-Pena’s motion to vacate the second default should not have been granted as Cruz-Pena failed to establish a reasonable excuse for the default. Defense counsel alleged the failure to submit opposition papers was the result of a mistake in following scanning and filing procedures for incoming motions in counsel’s office. A divided panel disagreed, reversing the order. It ruled conclusory and unsubstantiated claims of law office failure were insufficient stating counsel’s explanations to excuse and justify the defaults in this case amounted to nothing more than mere neglect, which was unacceptable as a reasonable excuse for Cruz-Pena’s default. The dissent voted to affirm finding counsel’s contention, and defendant’s submissions sufficiently demonstrated an excusable default.
