Judge Mark E. Windham, Case 21STLC00799 2023-01-26 Tentative Ruling

If you desire to submit on the tentative ruling, you may do so by e-mailing Dept. 26 at the Spring Street Courthouse until the morning of the motion hearing.

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City of Los Angeles v. Galimore, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

Defendant Eugene Galimore’s Motion to Vacate Default and Default Judgment is GRANTED. THE DEFAULT ENTERED ON JUNE 23, 2022 AND DEFAULT JUDGMENT ENTERED ON JULY 15, 2022 ARE HEREBY VACATED.

ORDER TO SHOW CAUSE RE FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT IS SET FOR APRIL 27, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Plaintiff City of Los Angeles (“Plaintiff”) filed the instant action for common counts against Defendant Eugene Galimore aka Eugene Ray Galimore aka Wilhelmina Hamer Family Trust (“Defendant”) on January 28, 2021. Following Defendant’s failure to file a responsive pleading, the Court entered default on June 23, 2022 and default judgment on July 15, 2022.

Defendant filed the instant Motion to Vacate Default and Default Judgment on November 17, 2022. Plaintiff filed a notice of non-opposition on January 3, 2023.

Defendant argues that the Summons and Complaint were served to an incorrect address at which they no longer resided and they were unaware of the action until recently. The Motion goes on to argue that the default and default judgment should be vacated as void under pursuant to Code of Civil Procedure section 473, subdivision (d), which states that “[t]he court 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).) “California is a jurisdiction where the original service of process, which confers jurisdiction, must conform to statutory requirements or all that follows is void.” (Honda Motor Co. v. Superior Court (1992) 10 Cal.App.4th 1043, 1048.) There is no time limit on when a void judgment can be challenged. (Deutsche Bank National Trust Co. v. Pyle (2017) 13 Cal.App.5th 513, 526 [citing Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830; Code Civ. Proc., § 473, subd. (d)].)

The proof of service indicates that Defendant was sub-served at 10101 Amigo Avenue, Northridge, California. (Proof of Service, filed 05/11/21, ¶4.) Defendant was purportedly served on February 22, 2021, by leaving the papers with “John Doe.” (Id. at ¶5.) Defendant submits a declaration stating that he moved from the service address in August 2020 and changed his mailing address to P.O. Box 35664, Los Angeles, California. (Motion, Galimore Decl., ¶¶5-6.) Defendant also disavows any knowledge of “John Doe” at the service address. (Ibid.) Finally, Plaintiff does not oppose the Motion to Vacate. (Non-opposition, filed 01/03/23.) Based on the showing of improper service of the Summons and Complaint, the Court hereby vacates the default entered on June 23, 2022 and default judgment entered on July 15, 2022.

Defendant Eugene Galimore’s Motion to Vacate Default and Default Judgment is GRANTED. THE DEFAULT ENTERED ON JUNE 23, 2022 AND DEFAULT JUDGMENT ENTERED ON JULY 15, 2022 ARE HEREBY VACATED.

ORDER TO SHOW CAUSE RE FILING OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT IS SET FOR APRIL 27, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.