Judge: Lynne M. Hobbs, Case: 21STCV27318, Date: 2023-07-12 Tentative Ruling

Case Number: 21STCV27318    Hearing Date: July 12, 2023    Dept: 30

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SHOLEH TEHRANI vs VANESSA AMEZCUA
21STCV27318
Motion to Set Aside/ Vacate Default

Ruling:  Granted.  Moving party to file an answer within 14 days of entry of order.  Moving party to give notice. 

Rationale: 

Defendant seeks to set aside default on the grounds that she never received the Complaint in this matter.

Plaintiff’s proof of service states that her process server left the papers with a John Doe Co-occupant on May 9, 2022 and mailed the papers on the same day. Defendant testifies that she and her husband never received the Complaint and that they have no other co-occupants other than their minor children. (Amezcua-Ortiz Decl., ¶3.) The first Defendant heard about this action was when she received the notice of entry of default in the mail in January 2023. (Id.)

Defendant’s declaration shows she had no actual notice of this action. Because there was no actual notice and Plaintiff has not opposed this motion, Defendant’s motion is granted.