Judge: Colin Leis, Case: 22STCV27518, Date: 2024-10-08 Tentative Ruling

Case Number: 22STCV27518    Hearing Date: October 8, 2024    Dept: 74

Colima Road Investors, LLC_ v. Ruoqing Qi et al.

Plaintiff Colima Road Investors, LLC’s Motion to Confirm Validity and Enforceability of Default Judgment.

BACKGROUND 

            This case arose out of breach of a written commercial lease.

            On August 24, 2022, the Complaint was filed.

            On March 28, 2023, Default was entered against Defendant.

            On June 20, 2023, after Defendant’s default was taken, Defendant enlisted in the United States military.         

            On July 3, 2023, the Court entered judgment against Defendant.

DISCUSSION 

¿¿            The Servicemembers Civil Relief Act, 50 U.S.C. 3931, provides that if judgment is entered against a service member or within 60 days of discharge from service, the court must reopen the judgment upon application by or on behalf of the service member to allow the service member to defend the action if it appears that (1) the service member was materially affected by reason of that military service in making a defense to the action and (2) the service member has a meritorious legal defense to the action or some part of it.  (50 U.S.C. § 3931.) California’s Military and Veterans Code section 402 has a similar requirement for reopening a default judgment in that upon application by the defendant (or the defendant’s representative) it must “appear that the service member was prejudiced by reason of his or her military service in making his or her defense.” As applied here, the Servicemembers Civil Relief Act and section 402 reopen a default judgment only upon the service member’s application or on the service member’s behalf.  No one has come forward to request that the court reopen the judgment. Additionally, the Defendant would be unable to show that Defendant’s military service was the reason Defendant could not defend against the action because the Defendant had not yet joined the military when the default was taken.  (Rosenbaum Decl., ¶¶ 11, 12.)

            Based on the foregoing, the court confirms the validity and enforceability of default judgment entered against defendant Ruoqing Qi on July 3, 2023.

Plaintiff shall give notice.