Judge Jill Feeney, Case Number: 21STCV27912, Date: 2023-10-26 Tentative Ruling

Here, Plaintiffs’ proof of service filed October 21, 2021 shows that Nazeli Mkrtchayan was personally served at 13203 Vanowen Street, Apt. 6, North Hollywood, CA 91605 on October 17, 2021 at 2:03 p.m. The papers were served on a brown-haired Middle-Eastern female 25-35 years of age, 5’4”-5’6” tall, weighing 160-180 pounds who identified herself as Nazeli Mkrtchyan.

Defendant testifies that Plaintiff never served the summons and Complaint on her. (Decl., ¶4.) On October 17, 2021, Plaintiff was at the Aqua Caliente Hotel in Rancho Mirage, 120 miles away from the location where Plaintiff allegedly served her. (Id., ¶5.) She did not return home until after 11:00 p.m. (Id., ¶6.) Defendant testifies she does not match the description on Plaintiff’s proof of service because she is 46 years old, has red hair, and is 5’8” tall. (Id., ¶9.) Defendant discovered the default judgment entered against her when she received a letter from her insurance company on May 23, 2023. (Id., ¶11.)

Defendant does not dispute that the address contained on the proof of service is her correct address. Indeed, it is the correct address as that same address is on the letter from her insurance company that Defendant attaches to her declaration.

Defendant does not explain her failure to respond to the myriad of filings served upon her in this action at that very same address including the following: (1) 11/23/21 Request for Entry of Default; (2) 12/6/21 Request for Entry of Default; (3) 6/1/2022 Case Management Statement; Request for Entry of Default Judgment; Declaration and Proposed Judgment; (4) 2/24/23 Declaration of Donna McClurken in Support of Request for Default Judgment; (5) 2/24/23 Declaration of Dan A. Everakes in Support of Request for Default Judgment; (6) 2/24/23 Declaration of Christopher Murphy in Support of Request for Default Judgment; (7) 2/24/2023 Proposed Judgment; and (8) 3/8/23 Request for Court Judgment.

The Court also notes that according to the proof of service filed on 10/22/2021 with respect to co-defendant Gevorg Mkrtchyan, Defendant Nazeli Mkrtchyan accepted service of the complaint on her co-defendant’s behalf at the same address, 13203 Vanowen Street, Apartment 6, North Hollywood, CA 91605. The description of Ms. Mkrtchayan, who identified herself at that time as well, matches the description set forth in the proof of service filed with respect to herself.

The complaint was served by a registered process server. Defendant has not overcome the presumption pursuant to Evidence Code Section 647 that the facts stated in a proof of service filed by a registered process server are true and that service of process is valid.