Judge: Lee S. Arian, Case: 20STCV15719, Date: 2025-06-09 Tentative Ruling

Case Number: 20STCV15719    Hearing Date: June 9, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

The Court notes several deficiencies with the motion. First, Defendant does not cite any legal authority under which he seeks relief. Although Defendant makes certain statements regarding why he believes relief is warranted, those assertions are not supported by a declaration or any documentary evidence.

Second, and more importantly, the judgment was entered more than three years ago, on March 25, 2022. Therefore, relief under the California Code of Civil Procedure is foreclosed. For example, relief under Code of Civil Procedure section 473, subdivision (b), is unavailable because the motion is filed more than 6 months from the judgment. While Defendant appears to rely on section 473.5, which permits relief “when service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her” (Code Civ. Proc., § 473.5, subd. (a)) that statute requires the motion be filed within the earlier of (i) two years after entry of default judgment or (ii) 180 days after service of written notice of the default or default judgment. (Ibid.) Because more than three years have passed since entry of judgment, section 473.5 does not apply.

Moreover, the proof of substituted service filed on June 10, 2020, indicates that Defendant was served at 12942 Walby Way, North Hollywood, CA 91606, via substituted service on Katherine Bedran, who shares Defendant’s last name and was identified as a relative or co-resident. Service occurred on May 23, 2020. Defendant’s moving papers do not state when he became homeless or that he had no connection to the Walby Way address at the time of service.  As such, he fails to show that the address was not his dwelling house, usual place of abode, usual place of business, or usual mailing address as required for valid substituted service

Accordingly, the motion is denied.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.