Judge: Mark E. Windham, Case: LAM12CB2136, Date: 2024-02-06 Tentative Ruling

Case Number: LAM12CB2136    Hearing Date: February 6, 2024    Dept: 26

State Farm v. Estrada, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP §§ 473, 473.5, 418.10)

TENTATIVE RULING:

Defendant Eric Lopez Estrada’s Motion to Quash Service, Vacate Default and Default Judgment is CONTINUED TO MAY 7, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY APRIL 9, 2024, DEFENDANT IS TO FILE CORRECTED PROOF OF SERVICE OF THE MOTION PAPERS AND NOTICE OF NEW HEARING DATE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

ANALYSIS:

Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed the instant action against Defendant Eric L. Estrada (“Defendant”) on June 20, 2012. Following Defendant’s failure to file a responsive pleading, the Court entered default judgment on December 22, 2012. The judgment was renewed on October 25, 2022. On the same date, Plaintiff’s counsel filed a Notice of Firm Name and Address Change.

Defendant filed the instant Motion to Quash Service of Summons, Vacate Default and Default Judgment on November 30, 2023. No opposition has been filed to date.

The Motion is not accompanied by a proof of service demonstrating service of the moving papers and notice of hearing on Plaintiff’s counsel’s correct address. The Motion and Notice of Hearing was served to 6725 Mesa Ridge Road, Ste. 240, San Diego, California. (Proof of Service, filed 02/01/24.) The Notice of Firm Name and Address Change, however, demonstrates that Plaintiff’s counsel’s address changed from 6725 Mesa Ridge Road, Ste. 240, San Diego, California to 3168 Lionshead Avenue, Carlsbad, California in March 2014. (Notice of Firm Name and Address Change, filed 10/25/22, ¶7.)

 Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The hearing on the Motion must be continued to allow for proper service of the papers and notice of hearing date.

Conclusion

Defendant Eric Lopez Estrada’s Motion to Quash Service, Vacate Default and Default Judgment is CONTINUED TO MAY 7, 2024 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY APRIL 9, 2024, DEFENDANT IS TO FILE CORRECTED PROOF OF SERVICE OF THE MOTION PAPERS AND NOTICE OF NEW HEARING DATE. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING DENIED.

Court clerk to give notice.