Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

This is an unlawful detainer action.  Defendants Jayme Neiberg and James Della Bella entered into a residential lease agreement with Plaintiff Edith Frizelle, as Trustee of the Frizelle Family Trust, for property located at 10355 Dunleer Drive, Los Angeles, California (the “Property”).  Defendants failed to pay rent, and when served with a 3 day notice to pay or quit, they failed to surrender the premises or pay back rent.   

This hearing is on Defendant James Bella’s motion to vacate default.  Defendant argues that he was not properly served because he no longer lives at the Property.  The proof of service shows Defendant was personally served at the Property.   

Defendant’s motion is procedurally defective.  It is single spaced in violation of the California Rules of Court.  Moreover, the notice states that the hearing on this motion is set for February 12, 2025, a court holiday.  The hearing is actually set for February 11, 2025.  Accordingly, Defendant has not given Plaintiff proper notice of the actual hearing date.   

In any event, Defendant’s motion is premature.  While Plaintiff has requested default, no default was entered against Defendant.  There is, therefore, no default to vacate.  For this reason, the Court denies the motion to vacate default.   

DATED:  February 11, 2025 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Cour