Judge: David A. Rosen, Case: 20GDCV00960, Date: 2022-08-26 Tentative Ruling

Case Number: 20GDCV00960    Hearing Date: August 26, 2022    Dept: E

20GDCV00960 Absolute Resolutions, etc., et al. v. Vardanyan-hearing on 8/26/2022

Tentative ruling on Defendant’s Motion to set aside default and vacate default judgment:

The Court has read the moving papers. There is no proof of service showing that Movant/Defendant gave Notice of this hearing or Motion to Plaintiff.  It appears that no opposition to the motion was filed. 

Defendant’s Answer to the complaint was stricken by the Court on September 9, 2021, as a sanction for Defendant’s litigation conduct and failures to appear. Defendant’s motion is thus based on inapplicable facts asserted by defendant; to wit, that Defendant was not aware of this action and was never properly served with the summons and complaint. However, Defendant filed and served an Answer to the Complaint, which was later stricken as noted, and the Default and Default Judgment were subsequently entered. Thus, the Court finds defendant’s argument in support of its motion to be unpersuasive.  Moreover, the amount of time between the entry of default (October 19, 2021), then the default judgment (February 23, 2022), and the filing of this motion for relief (July 11, 2022) is over eight months.

Pursuant to moving party’s factual showing, failure to give Notice of this motion, and per the application of CCP sections 473 and 473.5 to these facts, the Motion is denied.