Judge: Armen Tamzarian, Case: 24STCV25794, Date: 2025-04-10 Tentative Ruling

Case Number: 24STCV25794    Hearing Date: April 10, 2025    Dept: 52

Defendant Bizon Group, Inc.’s Motion to Set Aside Default and Default Judgment; Order to Show Cause Re: Entry of Judgment

Defendant Bizon Group, Inc. (Bizon) moves to set aside its default under Code of Civil Procedure sections 473 and 473.5.  Moving papers must be served (Code Civ. Proc., § 1005) on all parties who have appeared in the action (Code Civ. Proc., § 1014).  Defendant has filed three papers in this action: (1) its answer (which the clerk should have rejected, as discussed in the court’s minute order dated March 4, 2025), (2) the notice of this motion, and (3) the motion and memorandum of points and authorities.  None of these papers include any proof of service on plaintiff William Brown.  Nor did Bizon file any proof of service as a separate document.

Nevertheless, the court must vacate Bizon’s default.  After Bizon filed this motion, plaintiff filed a first amended complaint.  “After a defendant’s default has been entered, if ‘ “a complaint is amended in matter of substance as distinguished from mere matter of form, the amendment opens the default, and unless the amended pleading be served on the defaulting defendant, no judgment can properly be entered on the default” ’ and any judgment is thus void.”  (Paterra v. Hansen (2021) 64 Cal.App.5th 507, 529.)  Plaintiff’s amendments are not a mere matter of form.  The first amended complaint therefore opens the default and permits Bizon to file an answer.

Disposition

Defendant Bizon Group, Inc.’s motion to set aside default and default judgment is denied.  On its own motion, the court hereby vacates the default of defendant Bizon Group, Inc.  The court hereby vacates the order to show cause re: entry of judgment.