Judge: Lee S. Arian, Case: 22STCV15807, Date: 2025-01-22 Tentative Ruling

Case Number: 22STCV15807    Hearing Date: January 22, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 12, 2022, Plaintiff filed the present case against multiple defendants, including Teshome Demissie Woldemagny and Genet Amenshwa Mamo, dba El Gallo Market. Defaults were entered against Teshome Demissie Woldemagny and Genet Amenshwa Mamo on August 29, 2024, November 27, 2024, and August 25, 2023, respectively. Defendants now move the Court to vacate the defaults entered against them on the basis that they were never properly served in accordance with the relevant statutory provisions.

“‘Lack of jurisdiction in its most fundamental or strict sense means an entire absence of power to hear or determine the case, an absence of authority over the subject matter or the parties.’” (People v. American Contractors Indemnity Co. (2004) 33 Cal.4th 653, 660, citing Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 288.) “When a court lacks jurisdiction in a fundamental sense, an ensuing judgment is void, and ‘thus vulnerable to direct or collateral attack at any time.’” (Ibid., citing Barquis v. Merchants Collection Assn. (1972) 7 Cal.3d 94, 119.)

Defendants have provided sufficient evidence demonstrating that the Summons and Complaint were not served in substantial compliance with the statutory requirements for personal service. Specifically, the complaint was left at the counter of the El Gallo Market store rather than being hand-delivered to Defendants or an authorized person at the store. (Declaration of Woldemagny, ¶¶ 2-4; Declaration of Mamo, ¶¶ 2-5.) Plaintiff has not filed an opposition contesting Defendants’ contentions.

Accordingly, the evidence supports Defendants’ claim that the Court never obtained personal jurisdiction over them. As a result, the motion is GRANTED. Defendants are ordered to file an answer within 30 days from the date of this order. Further non-appearance case reviews regarding Teshome Demissie Woldemagny and Genet Amenshwa Mamo’s default judgment are taken off calendar.

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.