Judge: Cherol J. Nellon, Case: 23STCV24218, Date: 2024-03-21 Tentative Ruling

Case Number: 23STCV24218    Hearing Date: March 21, 2024    Dept: 14

Ferro v Cordoba

Case Background

Residential Unlawful Detainer.

On October 3, 2023, Plaintiff filed her form Complaint in Unlawful Detainer against Defendants Matthew Isaac Calhoun (“Calhoun”), Wolf Adler (“Adler”), and DOES 1-10.

On November 21, 2023, this court granted permission for Plaintiff to serve Defendants Calhoun and Adler by posting at the residence in question.

On January 10, 2024, the defaults of Defendants Calhoun and Adler were entered. On that same day, Plaintiff voluntarily dismissed Defendant DOES 1-10, without prejudice.

On January 12, 2024, the court clerk entered a judgment for possession only against Defendants Calhoun and Adler.

On February 7, 2024, Defendant Calhoun appeared before this court on an ex parte application for stay of enforcement. Plaintiff’s counsel was present. The court granted the application and set this hearing date.

Instant Motion

            Defendant Calhoun now moves this court, per Code of Civil Procedure §§ 473(d) and 473.5, for an order vacating the default judgment and setting aside the default, on the grounds that he was not properly served with process and had no knowledge of the lawsuit.

Decision

            The motion is GRANTED. It is unopposed. This amounts to a concession by Plaintiff that the motion has merit. See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20.