Judge: Joseph Lipner, Case: 23STCV07979, Date: 2023-10-03 Tentative Ruling

Case Number: 23STCV07979    Hearing Date: October 3, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

          Plaintiff Towne Center, L.P. sued defendant Jay Yoon on April 11, 2023, alleging a single cause of action for “Breach of Lease.”

          Plaintiff filed a proof of substituted service on April 26, 2023, and the clerk entered defendant’s default on June 7, 2023. Plaintiff now seeks default judgment.

          The court DENIES Plaintiff’s request for default judgment and VACATES the default entered by the clerk on June 7, 2023.  The Court sets an OSC re service for December 12, 2024 at 8:30 a.m.

          Plaintiff’s proof of substituted service is invalid.

          A party effects “substituted service” of process on an individual when it “leav[es] a copy of the summons and complaint ... at his or her usual mailing address, ... with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint ... to the person to be served at the place where a copy of the summons and complaint were left.” (Code Civ. Proc., § 415.20, subd. (a).)

Plaintiff’s proof of service indicates that an occupant of the listed address, 20438 Osage Ave., Torrance, CA 90503, “inform[ed plaintiff’s process server] that there are other units with the same address.” (The court takes judicial notice of Los Angeles County Assessor records reflecting that the property located at the address in question is a residential building with four separate units.)

The process server determined that the plaintiff lives in Unit C. The occupant of Unit C confirmed the plaintiff lives there. That is where the process server (properly) left the summons and complaint.

          However, plaintiff’s declaration of mailing indicates the summons and complaint was mailed to 20438 Osage Ave., without specifying any individual unit.

          Copies of the summons and complaint were not mailed to the precise address where they were left.

          Plaintiff’s request for default judgment is denied. The court will direct the clerk to vacate entry of Defendant’s default.