Judge: Kevin C. Brazile, Case: 24STCV23107, Date: 2025-02-03 Tentative Ruling

Hearing Date: February 3, 2025

Case Name: Vardan v. Shadow Mountain View Condominium Association, Inc., et al.

Case No.: 24STCV10426

Matter: Motions to Set Aside Default (3x)

Moving Party: Defendants Zohrab Steve Haddad, Tigran Rick Gevorkyan, and Tarek

Ibrahim Kazamel

Responding Party: Plaintiff Antonyan Vardan

Notice: OK

Ruling: The Motions are denied as moot.  The amended pleading has opened 

Defendants’ defaults.

Moving party to give notice.

The Court encourages all parties to appear remotely via LA CourtConnect.  If submitting on the Court's tentative ruling, please follow the instructions provided above.

On August 30, 2024, defaults were entered against Defendants Zohrab Steve Haddad, Tigran Rick Gevorkyan, and Tarek Ibrahim Kazamel.

On December 26, 2024, Plaintiff Antonyan Vardan appears to have filed an amended pleading in response to a demurrer.  

Defendants Zohrab Steve Haddad, Tigran Rick Gevorkyan, and Tarek Ibrahim Kazamel now seek to set aside their defaults under the discretionary provision of CCP § 473.

The Motions are denied as moot.  A material change in the pleadings will open a defendant’s default.  (Cole v. Roebling Const. Co. (1909) 156 Cal. 443; Leo v. Dunlap (1968) 260 Cal.App.2d 24, 27-28.)  Here, Plaintiff’s amended pleading made material changes in that the violations at issue were said to have occurred until the “present”.  Thus, Defendants are no longer in default.

Moving party to give notice.