Judge: Mark E. Windham, Case: 23STLC04030, Date: 2024-01-11 Tentative Ruling

Case Number: 23STLC04030    Hearing Date: April 11, 2024    Dept: 26

Dennis P. Block & Associates, APC v. David Shenky 

MOTION TO SET ASIDE/VACATE DEFAULT AND DEFAULT JUDGMENT; QUASH SERVICE 

(CCP §§ 418.10, 473(b), 473.5, 473(d)) 

TENTATIVE RULING:  

The motion is taken off calendar.


ANALYSIS: 

On June 26, 2023, Plaintiff Dennis Block & Associates, APC (“Plaintiff”) filed the instant action against Defendant David Shenky (“Defendant”).  Plaintiff filed proof of substitute service of the Summons and Complaint on the same date.  When Defendant failed to file a responsive pleading, Plaintiff obtained their default on October 16, 2023 and default judgment on October 25, 2023.

On December 14, 2023, Defendant filed the instant Motion to Vacate Default and Default Judgment; Motion to Quash Service of Summons.  The Motion was unopposed and, on January 11, 2024, the Court continued the Motion to April 11, 2024, because the Motion was not accompanied by a proof of service demonstrating that it, or notice of the hearing date, were served on Plaintiff.  (Minute Order of 1/11/2024.)  The Court ordered Defendant to file proof of service of the motion papers and notice of hearing date on Plaintiff by March 14, 2024, noting in capital letters that failure to do so may result in the motion being placed off calendar or denied.  (Id.)

On April 2, 2024, Plaintiff filed its opposition arguing, among other things, that Defendant has failed to comply with the Minute Order of January 11, 2024. 

Upon review, the Court finds that Defendant not only failed to file proofs of service by March 14, 2024, but also failed to file any proof of service as of April 8, 2024.  As such, Defendant has failed to comply with the Court’s Minute Order of January 11, 2024. 

Conclusion 

The motion is taken off calendar.