Judge: Colin Leis, Case: BC512773, Date: 2023-10-23 Tentative Ruling

Case Number: BC512773    Hearing Date: October 23, 2023    Dept: 74

Margolis & Tisman LLP v. Shun Sheng Chen, et al.

Motion to Set Aside Default and Default Judgment.

The court considered the moving papers, opposition, and reply.

Specially Appearing Defendant Chen moves to set aside the default judgment entered against him in 2014. Chen was personally served with the summons and complaint on November 14, 2013. His default was taken on December 23, 2013. He filed his motion to set aside on August 28, 2023, which exceeds the statutory two-year time limit. (Code Civ. Proc., § 473.5, subd. (a).) His motion does not include an affidavit that any purported lack of notice resulted from avoidance of service or inexcusable neglect. (§ 473.5, subd. (b).) His motion does not attach a copy of his proposed answer to the complaint. (Ibid.) The court denies the motion to set aside the default and default judgment.

Plaintiff shall give notice.