Judge: David A. Hoffer, Case: 30-2020-1162109, Date: 2022-11-21 Tentative Ruling

The motion of defendant Mohammad Reza Mottahedan for an order (1) setting aside the default entered on 11-25-20 and default judgment entered on 3-4-22, and (2) quashing service of summons is GRANTED.  

Defendant moves for an order quashing service of summons and proof of service.  Defendant also moves for an order to set aside the default entered against defendant on 11-25-20 and the default judgment entered on 3-4-22. 

Technically speaking, defendant has it a little backwards:  the default (and default judgment) must be set aside before the Court can consider defendant’s request for affirmative relief in the form of quashing service of the summons. 

The POS filed on 10-29-20 is defective on its face and ineffective to give the Court jurisdiction over the defendant.  As the moving papers point out, the POS reflects an incorrect case number and service date that predates the filing of the complaint in this case.  (The complaint was filed on 9-25-20 and the POS reflects personal service on 7-30-20.)

The default was therefore improper and must be set aside.  The default judgment falls with the default.  Furthermore, the court grants the motion to quash service of the summons.  Plaintiff is ordered to promptly serve defendant in a code-compliant fashion.  The court sets a status conference on January 12, 2023 at 9:00 a.m.

The moving party is ordered to give notice of this ruling.