Judge: Linda S. Marks, Case: 2020-01174940, Date: 2023-05-22 Tentative Ruling

1. Motion to Set Aside/Vacate Default filed by Chunyan Lu vs. Yude Zhang
Unopposed motion.

Defendants Chunyan Lu and Yude Zhang (“Defendants”) move to set aside the default entered against them on June 20, 2022 on the grounds that they had no notice of the lawsuit and only recently became aware of this action.

The Court will construe the Motion as one for relief under section 437.5. (See Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 930 [holding trial court acted

“well within its authority” in construing motion for reconsideration as motion for relief under section 473(

Under that section, Defendants have made the requisite showing that they did not have actual notice of the lawsuit. The fact that service was made by publication, instead of by personal service, corroborates their claim. Notably, Plaintiff has not opposed the Motion to argue they received actual notice.

Motion to Set Aside Default is GRANTED.

Defendants to file and serve a responsive pleading within ten (10) days of the hearing date.

Defendants to give notice.

Court on its own motion will set a future CMC date.

2. Order to Show Cause re: Dismissal

Off Calendar