Judge: Loren G. Freestone, Case: 37-2021-00021194-CU-OR-CTL, Date: 2023-09-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 28, 2023

09/29/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2021-00021194-CU-OR-CTL STEWART VS GRAHN [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff Maxine Stewart's Motion to Enter Default Against Defendant Paul Rosel is denied without prejudice.

As a preliminary matter, no proof of service on all parties was filed with the motion. Plaintiff is seeking the entry of default of Defendant Paul Rosel. Since he has not yet been defaulted, service of the request for entry of default was required. (CCP § 587.) Even if service of the motion seeking entry of default had been accomplished, the motion would still be denied. The Notice of Acknowledgment and Receipt signed by Defendant Rosel and relied in support of the entry of default are insufficient as they are not consistent with Defendant Rosel's identification in the Complaint. (See, e.g. ROA ## 33, 34 and 48.) This issue cannot be rectified by amending the proof of service. Thus, Plaintiff has failed to establish that entry of default against Defendant Paul Rosel is proper since the request for entry of default sought does not identify a defendant named exactly the same as they are named in the Verified Complaint. (CCP § 585) The court also has concerns regarding whether the Notice of Acknowledgment was edited after it was signed, which would potentially invalidate it.

Plaintiff's motion to quiet title and for judgment is ordered off-calendar until the default process for all defendants is complete.

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