Judge: Armen Tamzarian, Case: 22STCV13240, Date: 2023-04-26 Tentative Ruling

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

Order to Show Cause Re: Default Judgment

On March 1, 2023, the court found plaintiff Nussbaum APC had not shown adequate proof of service on defendant Michael Verdi.  The court found, “The record shows the CMRA was not ‘the only address reasonably known for’ defendant Michael Verdi” because the record included alternative addresses: 26500 Agoura Road, #592, Calabasas, CA 91302 and 22561 Quinta Rd., Woodland Hills, CA 91364.  The court therefore ordered that plaintiff must “exercise reasonable diligence to personally serve Verdi” at those addresses before resorting to service via a commercial mail receiving agency.  (See Kremerman v. White (2021) 71 Cal.App.5th 358, 373-374.)

On March 21, 2023, plaintiff requested entry of Michael Verdi’s default.  The clerk entered Verdi’s default.  Plaintiff had not, however, filed any new proof of service of summons.  Because plaintiff has not shown valid service of process on Verdi, the court must vacate his default.  Plaintiff must file an amended proof of service on Verdi before requesting entry of his default again.

Plaintiff’s request for court judgment by default is denied without prejudice.

The court hereby vacates the default of defendant Michael Verdi.

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