Judge: Elaine Lu, Case: 22STCV35574, Date: 2023-08-21 Tentative Ruling
Case Number: 22STCV35574 Hearing Date: September 29, 2023 Dept: 26
On November 9, 2022, Plaintiff Avo Aboulian filed the
instant fraud and breach of contract action against Defendant Edvin O.
Ovasapyan arising out of the purchase of a counterfeit Rolex 18k yellow gold
Daytona. The complaint asserts three
causes of action for (1) Breach of Contract, (2) Unfair Business Practices in
Violation of Business and Professions Code § 17200, and (3) Fraud – Civil Code
§ 1710(1).
On December 30, 2022, default was entered against
Defendant.
On March 15, 2023, Defendant filed the instant motion
to vacate the entry of default and to quash the service of summons. On August 8, 2023, Plaintiff filed an
opposition. On August 14, 2023,
Defendant filed a reply.
At the hearing on August 21, 2023, the parties
stipulated in open court that:
(1) Counsel for Specially
Appearing Defendant has spoken with his client who agrees for purposes of the
instant case only to accept service of the summons and complaint by notice of
acknowledgment through Counsel for Specially Appearing Defendant;
(2) Plaintiff’s Counsel
shall electronically serve on Counsel for Specially Appearing Defendant a
Notice of Acknowledgment no later than 4 pm on August 22, 2023;
(3) Within two court
days, Counsel for Specially Appearing Defendant will return an executed Notice
of Acknowledgment, which Plaintiff will file as proof of service of the summons
and complaint;
(5) Specially Appearing
Defendant shall file and serve a responsive pleading (not limited to an answer)
within 30 days of receipt of the Notice of Acknowledgment;
(6) The hearing on
Specially Appearing Defendant’s motion to vacate default and to quash the
earlier service of the summons and complaint is CONTINUED TO September 29, 2023
at 8:30 am.
(Minute Order 8/21/23.)
On August 30, 2023, Plaintiff filed the signed Notice
and Acknowledgment of Receipt pursuant to the parties’ stipulation reflecting that
Defendant acknowledged service on August 23, 2023. Defendant has signed the executed Notice of
Acknowledgment, and thus, pursuant to the parties’ stipulation, “the Court will
grant Defendant’s motion to vacate default and quash the earlier service.” (Minute Order 8/21/23.)
Defendant’s March 15, 2023 motion to vacate default
and quash the earlier proof of service is GRANTED. The proof of service filed on November 28,
2022 is quashed.
On September 21, 2023, the parties filed a written
stipulation indicating that as a result of the parties’ meet and confer,
Plaintiff’s counsel has agreed to file a First Amended Complaint by October 1,
2023, and then Defendant would then have 30 days to respond to such. The parties further stipulated to continue
the CMC to late October or November.
Pursuant to the parties’ September 21, 2023
stipulation, Plaintiff shall file and serve a First Amended Complaint by
October 1, 2023, and then Defendant will then have 30 days to respond to such. The CMC is continued to November 7, 2023 at 8:30 am.
Defendant to give notice.