Judge: Craig Griffin, Case: "Yazdi vs. Easyklean, Inc.", Date: 2023-05-22 Tentative Ruling
Defendants EasyKlean, Inc., and Iqbal Abdullah’s (“Defendants” together) Motion to Set Aside Judgment (“Motion”) is CONTINUED to 06/26/23.
As pointed out by plaintiff Afra Yazdi (“Plaintiff”), it does not appear the Motion or the notice of hearing date for the Motion was properly or timely served on Plaintiff. First and foremost, the Motion was filed by Shawn M. Olson, Esq., of Olson Law Firm (“Olsen”). There is no substitution of attorney form in the court’s records substituting Olsen in for Defendants’ attorney Amid Bahadori (“Bahadori”). As a result, Defendants’ initial attempt at filing the Motion on 01/06/23 was rejected by the court. (ROA #214.) It is unclear how this version of the Motion was permitted to be filed when there is no substitution of attorney form in the court’s records. While the court recognizes Bahadori has been disbarred, proper substitution of attorney is necessary.
Regarding the Motion, the proof of service indicates the Motion was served on 01/06/23, the date the original filing was attempted, yet the Motion itself was not filed with the court until 02/24/23. (ROA #221.) The Notice of Motion incorrectly indicates the hearing date was 04/24/23, which was the hearing date for the original rejected motion. The hearing date for the present Motion was scheduled for 06/26/23, however there was no evidence Defendants ever served Plaintiff notice of that hearing date. (ROA #225.) While the court did advance the hearing date on the present Motion, and provided notice to the parties of the new date, the Motion itself did not provide proper notice.
The Motion also did not have a declaration filed in support at the time the Motion was filed. While a declaration was somehow permitted to be filed on 01/06/23, again despite the rejection of the original motion, no declaration was filed on 02/24/23 with the present Motion. The documents and pleadings should be filed together in a timely manner so as to apprise an opposing party of all of the issues.
The court specially sets a hearing date for 06/26/23. Defendants are ordered to file a substitution of attorney substituting Olsen in for Bahadori no later than 05/24/23. After the substitution of attorney form has been filed, Defendants are ordered to properly file and serve their motion to set aside no later than 05/29/23. Oppositions and reply briefs are due pursuant to code.
The court will not permit an evidentiary hearing at this time or at the 06/26/23 hearing. If Plaintiff has evidence showing Defendants were not diligent in seeking to set aside the Judgment, then they will have to produce it with their new opposition. This would include any written declaration by Bahadori and evidence supporting his statements and/or Plaintiff’s lack of diligence.
Plaintiff to give notice.