Judge: Elaine W. Mandel, Case: 21SMCV00080, Date: 2023-07-20 Tentative Ruling

Case Number: 21SMCV00080    Hearing Date: July 20, 2023    Dept: P

Tentative Ruling

CMBG Advisors, Inc. v. La Palma Foods, Inc., Case No. 21SMCV00080

Hearing Date July 20, 2023

Doe Defendant Molina Agro-Clusters of USA, Inc.’s Motion to Set Aside Default (UNOPPOSED)

On March 8, 2022 before moving defendant Molina Agro-Clusters was named, the court entered an order authorizing service on named defendant La Palma Foods, Inc. via the Secretary of State. Later, on November 6, 2022, plaintiff named moving defendant Molina via Doe amendment. On December 6, 2022, plaintiff filed a proof of service stating Molina was served via the Secretary of State.

A judgment is void when plaintiff did not comply with the state’s statutory requirements for service of process. David B. v. Superior Ct. (1994) 21 Cal.App.4th 1010, 1016.

On February 23, 2023, the court entered default judgment pursuant to plaintiff’s December 6 proof of service. The court’s March 8, 2022 order, however, only gave leave to serve defendant La Palma Foods via the SoS. Plaintiff did not have leave to serve Molina via the SoS. There is no evidence that plaintiff served or attempted to serve Molina by valid means. The court lacks jurisdiction over Molina, and the judgment is void. GRANTED.