TENTATIVE RULING

Defendant TYH 26 LLC’s Motion to Set Aside Default is GRANTED.

Defendant TYH 26 LLC to give notice.

REASONING

Defendant TYH 26 LLC (“Defendant”) moves the Court for an order setting aside the default entered against it on February 6, 2024 on the ground that it lacked actual notice of this action before the default was entered against it.

In the event service did not result in notice of the action to a party, section 473.5 of the Code of Civil Procedure, subdivision (a), provides, in relevant part:

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 in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered.

The proof of service filed on January 10, 2024 shows that Defendant was served by personal service on Defendant’s registered agent for service of process at Legalzoom.com, Inc. on January 5, 2024 by a registered California process server. Defendant does not dispute that service occurred and was proper. Rather, Defendant provides the declaration of Levin Prado, Defendant’s manager, who states that Defendant did not receive notice of the lawsuit, did not receive notice that default was requested, and did not receive notice that default was entered. (Mot., Prado Decl. ¶ 2.) Prado further states that Defendant has not avoided service or notice of this lawsuit. (Ibid.)

While the entry of default form includes a statement of mailing the request for default, this does not show that Defendant received notice that the default was entered against it, and no default judgment has been entered. It follows that this motion is timely under Code of Civil Procedure section 473.5. Moreover, Defendant’s account of lack of notice is credible, Plaintiff provides no evidence to dispute Defendant’s account, and Defendant has filed a proposed answer with this motion. Accordingly, Defendant TYH 26 LLC’s Motion to Set Aside Default is GRANTED