Judge: Jon R. Takasugi, Case: 23STCV12604, Date: 2024-06-27 Tentative Ruling

Case Number: 23STCV12604    Hearing Date: June 27, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Bodak’s motion to set aside the entry of default is GRANTED.

           On 6/2/2023, Plaintiff Anthony Kim, in pro per, filed suit against Eunice J. Bodak, Sunok Ham Lee, Chares C. Yoo, Grace Eunhye Ryu, Wisdom Jeehye Ryu, alleging quiet title. On 6/14/2023, Plaintiff filed a first amended complaint (FAC) against the same parties alleging the same claim.

           On 9/12/2023, Complainants Charles C. Yoo, Grace Eunhye Ryu, and Wisdom Jeehye Ryu filed a cross-complaint against Eunice J. Bodak, alleging: (1) abuse of process; (2) fraud; (3) indemnification; (4) equitable contribution; and (5) declaratory relief.

           On 1/18/2024, default was entered against Eunice J. Bodak (Bodak).

           Now, Bodak moves to set aside the entry of default.

Discussion

           Bodak argues that default should be set aside because she was never actually served. In support, Bodak notes that the Proof of Service indicates personal service by the process server on 12/13/2023 at 6:10 pm. However, at the time of the alleged service, Bodak did not reside at the location where she was purportedly served. (See Motion, Exh. 2.) Moreover, at the time of alleged service, she was living with her mother at her mother’s residence as the conservator.

           Cross-Complainants filed a notice of no objection to this motion.

           Based on the foregoing, Bodak’s motion to set aside the entry of default is granted.

It is so ordered.

Dated:  June    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.