Judge: Armen Tamzarian, Case: 24STCV05649, Date: 2025-01-31 Tentative Ruling

Case Number: 24STCV05649    Hearing Date: January 31, 2025    Dept: 52

Defendant Vincent Mehdizadeh’s Motion to Set Aside Entry of Default

Defendant Vincent Mehdizadeh moves to set aside his default.  Plaintiffs Crystal Sunrise, Inc. and Matthew Frlekin dispute service of the moving papers.  The record before the court only includes the notice of motion and motion.  The caption states the notice of motion and motion is “[Filed Separately with: 1. Memorandum of Points and Authorities; and 2. Declaration of Mainak D’Attaray.]”  Those documents were not filed with the court.  The only proof of service in the record is attached to the notice of motion and motion.  It attests only to service of the “notice and motion to set aside default.”  Nothing in the record shows Mehdizadeh served the necessary supporting papers on plaintiffs.

Assuming Mehdizadeh served all moving papers on plaintiffs, the motion is defective.  A motion for relief from default “shall be accompanied by a copy of the answer or other pleading proposed to be filed.”  (Code Civ. Proc., § 473, subd. (b).)  The motion is not accompanied by a proposed responsive pleading.  The notice of motion and motion also seek relief based on “an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect.”  (Ibid.)  Mehdizadeh did not file any such affidavit. 

Defendant Vincent Mehdizadeh’s motion to set aside default is denied.