Judge: Jill Feeney, Case: 19STCV03970, Date: 2022-09-14 Tentative Ruling
PLEASE NOTE:
The parties are encouraged to meet and confer concerning this tentative ruling to determine if there is an agreement to submit.
Regardless of whether there is any such agreement, each party who wishes to submit must send an email to the Court at sscdept30@lacourt.org indicating the party's intention to submit.
Include the word "SUBMITS" in all caps and the case number in the subject line of the email and in the body provide the date and time of the hearing, your name, your contact information, the party you represent, whether that party is a plaintiff, defendant, cross-complainant, cross-defendant, claimant, or non-party.
If a party submits but still intends to appear at the hearing, include the words "SUBMITS BUT WILL APPEAR" in the subject line of the email.
If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.
Unless all the parties have submitted, the Court will hear argument from any party that appears at the hearing and wishes to argue. The Court may change its tentative as a result of the argument and adopt the changed tentative as the final order at the end of that hearing, even if all the parties are not present.
Be advised that after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of said motion and may adopt the tentative ruling as the order of the Court.
Case Number: 19STCV03970 Hearing Date: September 14, 2022 Dept: 30
Department 30, Spring Street Courthouse
September 14, 2022
19STCV03970
Motion to Set Aside Default and Default Judgment filed by Defendants Sabrina Mora-Villatoro and Johnny Mora
DECISION
The motion is granted.
The default and default judgment are set aside with respect to both Defendants.
Defendants are ordered to file and serve answers or other responsive pleadings within 30 days after the date of this order.
Trial is set for October 16, 2023 at 8:30 a.m. and the FSC is set for October 2, 2023 at 10:00 a.m.
All discovery and motion cutoff dates are to comport with the new trial date of October 16, 2023.
The parties should not anticipate any further delays in trial. The trial date is firm and the parties should be prepared to proceed.
Moving party is ordered to provide notice.
Background
This case arose out of a motor vehicle collision. Plaintiff in her declaration alleges that Defendant Mora-Villatoro was the driver who caused the accident and Defendant Mora was the owner of the car.
Defendants defaulted on June 29, 2021 and Default was entered on June 29, 2021. Default judgment was granted on May 4, 2022.
Defendants filed their motion to set aside default judgment on July 21, 2022.
Summary
Moving Arguments
Defendants seek an order setting aside default judgment on the grounds that service was improper. Defendants allege Plaintiff served Defendants at an address they have not resided at for almost 20 years.
Opposing Arguments
None filed
Legal Standard
The Court may set aside any void judgment or order at any time. (Code Civ. Proc., § 473, subd. (d); Strathvale Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249.) Code of Civil Procedure section 473.5, subdivision (a) provides, “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).)
Where “the party in favor of whom the judgment or order runs admits facts showing its invalidity, or, without objection on his part, evidence is admitted which clearly shows the existence of such facts, then it is the duty of the Court to declare the judgment or order void.” (Thompson v. Cook (1942) 20 Cal.2d 564, 568.)
Discussion
Defendants argue that the default judgment rendered against them should be set aside because they were never served with notice of the lawsuit. Default was entered against Defendants on June 29, 2021. Service of the judgment was not required because Defendants were in default. It has not been two years since Default was entered. Defendants’ motion is timely.
Defendants’ evidence shows they were never served with notice of this action. Plaintiff’s proof of service of summons shows that Plaintiff served Defendants on March 17, 2019 at 3364 Hill Street, Huntington Park, CA 90255. Defendants both attest that they have not resided at that address for the past 20 years. (Villatoro Decl., ¶6; Moro Decl., ¶6.) Thus, service of summons did not result in Defendants having actual notice of this action.
Plaintiff does not oppose this motion and does not object to Defendants’ evidence showing they were never served with notice of this matter. There being no objection to Defendants’ evidence, Defendants’ motion is granted. Default judgment against Defendants Sabrina Mora-Villatoro and Johnny Mora is set aside.
