Judge: Layne H. Melzer, Case: 07CC06537, Date: 2023-08-31 Tentative Ruling

Defendants Arturo P Hernandez, Esperanza Hernandez

Motion to Set Aside/Vacate Default and Judgment

Defendants Arturo P. Hernandez’s and Esperanza Hernandez’s motion to vacate the 11/9/07 default judgment entered against them and also quash service of summons is denied.

This motion was initially heard on 6/22/23.  Because the motion was not properly served, the Court continued the hearing and ordered Defendants to properly serve Plaintiff and file proofs of service of the same no later than 5 court days prior to the hearing.

Specifically, the proof of service attached to the Motion reflected email service but failed to include the sender’s email, as is required by Code Civ. Proc., § 1013b(b)(1).  (ROA 54.)  In addition, the email address on the proof of service is incorrect as it did not match the email address on the recent substitution of attorney (ROA 30).  On a separate proof of service reflecting mail service, Defendants failed to include the correct mailing address of Plaintiff’s counsel that is on all of Plaintiff’s filings, including the 2022 Substitution of Attorney. (ROA 52.)

Defendants have not remedied any of these errors.  Instead, Defendants filed a Notice of Ruling that contains the same defects they were ordered to fix in the Court’s 6/22/23 ruling.

No opposition has been filed.  The Court thus questions whether Plaintiff ever received notice of the motion.

Because Defendants have not complied with the law regarding service, including Code Civ. Proc., §§ 1005, 1011, 1013, and CRC, Rule 3.1300(c), the motion is denied.