Judge: Mark E. Windham, Case: 24STCP01927, Date: 2024-11-06 Tentative Ruling

Case Number: 24STCP01927    Hearing Date: November 6, 2024    Dept: 26

Department of Industrial Relations v. Hayrapetian, et al.

MOTION TO VACATE JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Respondent Vache Hayrapetian dba Vahe Hayrapetian’s Motion to Vacate Judgment is DENIED.

ANALYSIS:

On June 14, 2024, the Court entered judgment in favor of Department of Industrial Relations (“Petitioner”) and against Vache Hayrapetian dba Vahe Hayrapetian (“Respondent”) pursuant to an Order, Decision or Award of the Labor Commissioner. Respondent filed the instant Motion to Vacate Judgment on October 14, 2024. No opposition has been filed to date.

Discussion

Respondent moves to vacate the judgment on grounds that it is void, 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).) The Motion, however, does not explain why the judgment is void or define a void judgment under the law. Respondent’s supporting declaration contends that no proof of service of summons was filed in this action, but offers no authority for the issuance of a summons with respect to entry of a judgment on a Final Citation and Notification of Penalty of The Division of Occupational Safety And Health. (Motion, Hayrapetian Decl., ¶1.)

Conclusion

Therefore, Respondent Vache Hayrapetian dba Vahe Hayrapetian’s Motion to Vacate Judgment is DENIED.

Court clerk to give notice of this order.