Judge: Mark H. Epstein, Case: 24SMCV00624, Date: 2024-07-30 Tentative Ruling

Case Number: 24SMCV00624    Hearing Date: July 30, 2024    Dept: I

The court has concerns.  The court notes that it sent out service on February 9, 2024.  Service was posted by plaintiff on March 28, 2024.  Default notice was mailed on April 18, 2024.  Default and judgment was entered on 4/19/24.

The court does not understand how it is that plaintiff did not get any of those notices.  It appears that there were at least three opportunities to get something done here.  The fact that defendant was in Las Vegas is fine for a bit, but this is a delay of five months.  The court will need to inquire as to how or why it is that none of the three efforts to contact defendant seemed to be successful, and defendant was not likely in Las Vegas all three times.

If there is a reasonable explanation, the court would be inclined to GRANT the ex parte relief but advance the hearing date and condition the grant on the immediate (within 24 hours) deposit into court of two months’ rent.