Judge: Gregory Keosian, Case: 22STCV23266, Date: 2023-04-12 Tentative Ruling

Case Number: 22STCV23266    Hearing Date: April 12, 2023    Dept: 61

Defendant Ryan Paul Levihn-Coon’s Motion for Relief from Default is GRANTED.

I.                   MOTION FOR RELIEF FROM DEFAULT

Code of Civil Procedure § 473 allows a court to “set aside any void judgment or order.” (Code Civ. Proc. § 473, subd. (d).) “[A] judgment is void for lack of jurisdiction of the person where there is no proper service on or appearance by a party to the proceedings.” (County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1226.)

Defendant Paul Levihn-Coon (Defendant) seeks relief from the default entered against him on November 16, 2022. Defendant contends that the address upon which the First Amended Complaint (FAC) was served upon him, as noted in the November 16, 2022 proof of service, was not his mailing address, and had not been listed as his mailing address on any papers he previously provided Plaintiffs. Defendant presents a declaration in which he states that Plaintiffs previously accused him of giving them a “fake address,” even though Defendant never had any trouble receiving mail at the address listed. (Defendant Decl. ¶ 11.) Defendant does not live or receive mail at either of the addresses upon which Plaintiff attempted service. (Defendant Decl. ¶¶ 12–13.)

Plaintiffs do not oppose the present motion for relief, but only file a notice of non-opposition to state that the reason they did not serve documents upon the address that Defendant gave them was because he listed a “Ste. 157” at the street address he provided, when no “Ste. 157” actually existed, and in reality the “157” referred to a mailbox at a UPS store at that location. (Raygor Decl. ¶ 6.) Plaintiffs report diligent efforts to keep Defendant apprised of the case and their efforts to secure a default against him. (Raygor Decl. ¶¶ 9–14.)

The motion is therefore GRANTED.