Judge Lynne M. Hobbs, Case Number: 23STCV09311, Date: 2025-03-13 Tentative Ruling

Judge: Lynne M. Hobbs, Case: 23STCV09311, Date: 2025-03-13 Tentative Ruling

Case Number: 23STCV09311 Hearing Date: March 13, 2025 Dept: 61

MANUEL NORIEGA vs HADLEY TOWING EQUIPMENT, INC., A CALIFORNIA CORPORATION, et al.

Tentative

Defendant Mark Hassan’s Motion to Vacate Default and Default Judgment is DENIED.

Plaintiff to provide notice.

Analysis:

I. OBJECTIONS

Defendant Mark Hassan objects to materials submitted by Plaintiff in opposition to the present motion. Objections to Paragraph 6 (Exhibit C), and to Paragraph 17 (Exhibit N) to the declaration of Neil Evans are SUSTAINED on grounds of hearsay, as these are out-of-court representations of Defendant’s association with Hadley Towing Equipment, Inc. submitted to prove that association. Defendant’s other objections to contracts with government entities, as well as a bankruptcy filing, are OVERRULED, as these materials constitute government records of which this court may take judicial notice. (See Evid. Code § 452, subd. (b)–(d).)

II. MOTION TO VACATE DEFAULT

Code of Civil Procedure § 473 provides “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” (Code Civ. Proc. § 473, subd. (d).) Another basis to set aside default when a party lacks actual notice of the action: “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.” (Code Civ. Proc. § 473.5, subd. (a).)

Defendant Mark Hassan moves to vacate the default judgment entered against him on March 1, 2024, and the default entered on February 15, 2024, on the grounds that he was not properly served and had no notice of the present action. (Hassan Decl. ¶¶ 2–5.) Specifically, Hassan argues that he has never had any association with the address on Memory Drive in Tujunga upon which service was made, that he has no affiliation with co-defendant Hadley Towing Equipment, and that he was never served with a statement of damages. (Ibid.)

The motion fails on all counts. Defendant disclaims association with only one of the addresses upon which service against him was accomplished, namely the Tujunga address for which a proof of service was filed on January 9, 2024, indicating substitute service took place on January 1. He does not address the earlier proof of service, filed on June 14, 2023, indicating substitute service upon an address on Hadley Street in Whittier.

Plaintiff Manuel Noriega (Plaintiff) submits ample evidence in opposition suggesting that the Whittier address was Hassan’s business address for the purpose of accomplishing substitute service under Code of Civil Procedure § 415.20. Namely, Plaintiff presents contracts between local governments and “Hadley Tow,” of which Hassan is listed as the signatory, beneath which he lists the same Whittier address as listed in the proofs of service. (Evans Decl. Exhs. K, L.) Plaintiff testified that this Whittier address was his work site, and that Hassan was the owner of the business where he worked. (Evans Decl. Exh. O, ¶ 2.)

Defendant argues that the statement of information for Hadley Towing Equipment does not list him as the owner, and further argues that “Hadley Tow” is the dba for an independent company, FMG, Inc. (Supp. Hassan Decl. ¶ 5.) Yet this argument accomplishes little, as the issue of the present motion is not Hassan’s affiliation with his co-defendant, but his affiliation with the Whittier address listed in the proof of service. And the bankruptcy filing submitted by Plaintiff suggests more overlap between Hassan and his co-defendant than he suggests, given the concurrent pro per appearances by Hassan and the same person listed as the director of Hadley Towing Equipment in the same proceeding. (Evans Decl. Exh. M.) Presented with this evidence, Hassan in reply does not deny affiliation with the Whittier address.

Service of summons was accomplished at the Whittier address before Hassan’s default was taken, and service of a statement of damages was also timely accomplished, despite Hassan’s denials. (Evans Decl. Exh. E.) There is thus no basis to find the judgment void for lack of jurisdiction. Nor is there any basis to find that Hassan lacked notice of this litigation, as this contention is supported solely by his conclusory and uncorroborated attestation that he lacked notice of the action, essentially parroting the text of Code of Civil Procedure § 473.5. Based on the evidence submitted by Plaintiff in opposition, this statement is not credible.

The motion is therefore DENIED.