Judge: Daniel S. Murphy, Case: 19STCV08038, Date: 2024-11-06 Tentative Ruling

Case Number: 19STCV08038    Hearing Date: November 6, 2024    Dept: 32

BACKGROUND

            On March 8, 2019, Plaintiff Kap Soon Moon filed this action against Defendants Sung Joo Na, Kyonga Nam, Jongju Na, and Leading Town SDUS, Inc.

            On November 26, 2019, default judgment was granted for Plaintiff against Defendants.

            On September 3, 2024, Defendants Sung Joo Na, Kyonga Nam, and Jonju Na filed the instant motion to set aside the default. Plaintiff has not filed an opposition.

LEGAL STANDARD

Lack of proper service renders the Court without jurisdiction, and the judgment is void. (Renoir v. Redstar Corp. (2004) 123 Cal.App.4th 1145, 1154.) A void judgment may be set aside at any time. (Code Civ. Proc., § 473(d); Paterra v. Hansen (2021) 64 Cal.App.5th 507, 539.)

DISCUSSION

            Defendants aver that they have never been served with any document in the case, including the summons and complaint, and that they did not learn about the case until January 2024. (S. Na Decl. ¶¶ 5-6; Nam Decl. ¶¶ 6-7; J. Na Decl. ¶¶ 5-6.)

            Plaintiff does not oppose the motion and presents no evidence to rebut Defendants’ showing that they were not served. Lack of proper service renders the Court without jurisdiction, and the judgment is void. (Renoir, supra, 123 Cal.App.4th at p. 1154.)

CONCLUSION

            The motion to set aside default filed by Defendants Sung Joo Na, Kyonga Nam, and Jonju Na is GRANTED.