Judge: Katherine Chilton, Case: LAM11CC3736, Date: 2022-10-17 Tentative Ruling

Case Number: LAM11CC3736    Hearing Date: October 17, 2022    Dept: 25

PROCEEDINGS:      MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT; QUASH SERVICE OF SUMMONS

MOVING PARTY:   Defendant Santonio Marquis Bullock

RESP. PARTY:         None

MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT;

QUASH SERVICE OF SUMMONS

(CCP § 473(d), 473.5, 418.10.)

TENTATIVE RULING:

The Motion to Set Aside/Vacate Default and Default Judgment filed by Defendant Santonio Marquis Block is CONTINUED to NOVEMBER 14, 2022 at 10:00 a.m. in Department 25 at Spring Street Courthouse.  Plaintiff may file an opposition to the Motion at least 9 court days before the next hearing and Defendant may file a reply to the opposition at least 5 court days before the next hearing.  No additional papers may be filed.

SERVICE: 

[   ] Proof of Service Timely Filed (CRC, rule 3.1300)                 OK

[   ] Correct Address (CCP §§ 1013, 1013a)                                                 OK

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b))                     OK

OPPOSITION:          None filed as of October 12, 2022                      [   ] Late                      [X] None REPLY:                        None filed as of October 12, 2022                    [   ] Late                      [X] None

ANALYSIS:

I.                Background

On December 8, 2011, Plaintiff State Farm Mutual Automobile Insurance Company (“State Farm” or “Plaintiff”) filed a complaint against Defendant Santonio Marquis Bullock.

On June 8, 2012, Default Judgment was entered against Defendant.

On May 16, 2022, Judgment Creditor and Plaintiff State Farm filed an Application for and Renewal of Judgment, which was granted on May 18, 2022.  (5-18-22 Notice of Renewal of Judgment.)

On July 12, 2022, Defendant filed the instant Motion to Vacate Judgment.

On September 22, 2022, the Court noted that the hearing on the Motion had not been properly scheduled for a hearing and, on its own motion, scheduled the hearing for October 17, 2022.  (9-22-22 Minute Order.)

On October 4, 2022, Defendant filed a Notice of Errata and an Amended Motion to Set Aside Default and Default Judgment, and Quash Service of Summons (“Motion”).

No opposition has been filed.

II.              Legal Standard & Discussion

As a preliminary matter, the Court notes that the Amended Motion was filed eight (8) court days before the hearing, instead of the required sixteen (16) court days.  (Code of Civ. Proc. § 1005(b).)  Furthermore, since it was served on the Plaintiff by mail, it should have been served sixteen (16) court days and an additional five (5) days before the scheduled hearing.  (Ibid.)

Plaintiff has not filed an opposition to the Motion, and it is not clear if it has received the moving papers.  For this reason, the Court CONTINUES the hearing on the Motion to allow Plaintiff time to receive the moving papers and file an opposition.

III.            Conclusion & Order

For the foregoing reasons,

The Motion to Set Aside/Vacate Default and Default Judgment filed by Defendant Santonio Marquis Block is CONTINUED to NOVEMBER 14, 2022 at 10:00 a.m. in Department 25 at Spring Street Courthouse.  Plaintiff may file an opposition to the Motion at least 9 court days before the next hearing and Defendant may file a reply to the opposition at least 5 court days before the next hearing.  No additional papers may be filed.

Moving party is to give notice.