Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

 

BACKGROUND 

This case arises from a dispute between a homeowner and a roofing company.  Plaintiffs Damien Granderson, Danielle Granderson and the Granderson Property Trust own the property located at 1557 Tower Grove Dr., Beverly Hills.  Defendant PSG Corporation, a construction and roofing company, performed repairs to Plaintiffs’ home.  Plaintiffs claim Defendants left a large, unsecured, and untethered tarp over a large hole in Plaintiffs’ roof.  So when it rained, water poured through the roof, causing extensive damage to Plaintiffs’ real and personal property. 

This action ensued.  The operative complaint alleges claims for negligence and nuisance.  Default was entered on September 16, 2024 when Defendant failed to answer.   

This hearing is on Defendant’s motion to set aside default.  Defendant seeks to set aside the default based on a lack of actual notice pursuant to Code Civ. Proc. § 473.5.  There was no opposition filed as of the posting of this tentative ruling. 

LEGAL STANDARD 

 

 

 

Code of Civil Procedure, section 473.5 states in relevant part: 

 

When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him¿or her¿in¿the¿action, he¿or she¿may serve and file a notice of motion to set aside¿the¿default or default judgment and for leave to defend the action.¿ The¿notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him¿or her; or (ii) 180 days after service on him¿or her¿of a written notice that¿the¿default or default judgment has been entered. 

 

(Code Civ. Proc., § 473.5, subd. (a).)  

Additionally, the motion “shall be accompanied by an affidavit showing under oath that the party’s lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action.” (Code Civ. Proc., § 473.5, subd. (b).)  

“Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that his or her lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, [the court] may set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action.”  (Code Civ. Proc., § 473.5, subd. (c).) 

DISCUSSION 

Defendant’s motion to set aside default is timely.  Default was entered on September 16, 2024, and Defendant filed its motion to set aside default on November 22, 2024, within six months of the entry of default. 

Defendant’s motion is accompanied by a declaration showing that there was no actual notice because the person upon whom substitute service was effected did not speak English and did not understand the import of the documents which were served on her.  (Alimi Decl. ¶¶ 7-8.)  Defendant’s declaration also attests it was not evading service of process, and there is no evidence of inexcusable neglect.  (Id. ¶9.)  Finally, the declaration attaches a proposed answer as required under Code Civ. Proc. § 473.5, subd. (b).  (Ex. 1 to Alimi Decl.)   

Accordingly, the motion meets all the requirements of § 473.5, and relief from the default will be granted.   

CONCLUSION 

For the foregoing reasons, the Court GRANTS the motion to set aside default.   

 

DATED:  December 17, 2024 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court