Judge: Kevin C. Brazile, Case: 21STCV23966, Date: 2023-02-14 Tentative Ruling

Hearing Date: February 14, 2023

Case Name: Sincerity, Inc. v. Zion, et al.

Case No.: 21STCV17431

Matter: Motion to Set Aside Default/Default Judgment

Moving Party: Defendant Zion Ida

Responding Party: Plaintiff Sincerity, Inc.

Notice: OK

Ruling: The Motion is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

On September 14, 2022, the Court entered a default judgment against Defendant Zion Ida.

Defendant Zion Ida now seeks to set aside his default and default judgment because (1) he was not properly sub-served in California, as he moved to Israel in 2014 and (2) his counsel has submitted a declaration of attorney fault.

Plaintiff argues that Ida’s co-occupant was properly sub-served and that it is suspicious that Ida somehow had actual notice of this action and simply failed to respond.  Plaintiff also notes there is no proof Defendant sold his property. 

In Reply, Ida provides two grant deeds indicating that he sold the subject property in 2011 and that the buyer then transferred the property to an LLC in 2021.  

Code Civ. Proc. § 473(d) provides, “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.”

As the inquiry here is similar to that of a motion to quash, “[a]lthough the defendant is the moving party, the plaintiff must carry the initial burden of demonstrating facts by a preponderance of evidence justifying the exercise of jurisdiction in California.”  (In re Automobile Antitrust Cases I and II (2005) 135 Cal.App.4th 100, 110.) 

After reviewing the evidence, the Court finds that Plaintiff has not shown proper service by a preponderance of the evidence.  Therefore, Ida’s subsequent default and default judgment were void.  (Code Civ. Proc. § 473(d).)

The Motion is granted.  The Request for Judicial Notice is granted.  The objections are overruled.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.