Judge: Armen Tamzarian, Case: 22STCV13240, Date: 2023-01-26 Tentative Ruling

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Case Number: 22STCV13240    Hearing Date: January 26, 2023    Dept: 52

Order to Show Cause Re: Default Judgment

Plaintiff Nussbaum APC requested entry of the default of defendant Michael Verdi, an individual, on June 21, 2022.  The clerk entered Verdi’s default. 

The initial proof of service attested to personal service on April 26, 2022, at 23679 Calabasas Rd., Calabasas, CA 91302.  The proof of service stated: “Party served (specify name of party as shown on documents served): Agent for Service – Michael Verdi, an individual.”  (Proof of Service, ¶ 3.a.)  The summons therefore did not provide adequate notice to defendant Michael Verdi that he was served as an individual rather than on behalf of an entity defendant as its agent for service.

On December 1, 2022, plaintiff filed an amended proof of service of summons on defendant Michael Verdi.  It states the party served was “Michael Verdi, an individual,” which would provide adequate notice to Verdi that he was served as an individual defendant.  The amended proof of service further indicates service was done on the same day and time and at the same address as the initial proof of service—but this time, it states Verdi was served by substituted service by leaving the documents with “Ravi Doe, person in charge at postal annex, for Michael Verdi, an individual.” 

The amended proof of service does not show valid substituted service.  Substituted service on an individual can be done if the summons “cannot with reasonable diligence by personally delivered” and requires “thereafter mailing a copy of the summons and of the complaint.”  (CCP § 415.20(b).)  The amended proof of service does not show prior efforts to personally serve Verdi and it does not state the process server thereafter mailed a copy of the summons and complaint to the address of substituted service.  The court will therefore vacate Verdi’s default. 

Disposition

The court hereby vacates the default of defendant Michael Verdi, an individual. 

The order to show cause re: default judgment is hereby continued to March 27, 2023, at 8:30 a.m.