Judge: Mark H. Epstein, Case: 24SMCV02772, Date: 2024-11-26 Tentative Ruling

Case Number: 24SMCV02772    Hearing Date: November 26, 2024    Dept: I

The unopposed motion to set aside the default, which is unopposed, is GRANTED.  It appears to the court’s satisfaction that defendant was never properly served inasmuch as defendant appears to have been in Italy on the date of supposed personal service.  Accordingly, the court views the complaint as not having been served.

The court is concerned enough that it will likely issue an OSC directed to plaintiff re: sanctions under 128.5 and 128.7 for what appears to be a fraudulent lawsuit, or at least a fraudulent filing regarding service.  The court will also order both plaintiff and the process server to be in court personally on that date.