Judge: Maurice A. Leiter, Case: 21STCV28498, Date: 2023-01-30 Tentative Ruling

Case Number: 21STCV28498    Hearing Date: January 30, 2023    Dept: 54

Hearing Date: January 30, 2023

Department 54, Judge Maurice Leiter

Motion to Set Aside Default Judgment

Moving Party: Defendant Ok Chin Kim aka Victoria Dohee Kim

Responding Party: Plaintiff Byung Moon Hwang

T/R:     DEFENDANT’S MOTION TO SET ASIDE DEFAULT IS GRANTED.

DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers and opposition.

            Section 473(d) provides 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(d).) A default judgment is void against a defendant who was not served with a summons in the manner prescribed by statute. (See Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 858.) Relief pursuant to section 473(d) may be made at any time. (See Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.)  

            Defendant moves to set aside default and default judgment entered against her on July 14, 2022. Defendant asserts she was not properly served with the summons and complaint and the Court does not have personal jurisdiction over her. The proof of service shows Defendant was personally served on August 4, 2021 at an address in Las Vegas, Nevada. Defendant declares she was present at that address on that date but was not personally served. Defendant also declares she is a resident of Hawaii and did not meet with Plaintiff in Los Angeles as alleged in the complaint.

            In opposition, Plaintiff provides the declaration of Sean Park. Park represents that he is “an individual who personally served the Defendant” and that he went to Nevada “in an attempt” to personally serve Defendant. Park is not a registered process server. Plaintiff also provides the names and phone numbers of witness who allegedly saw Park serve Defendant. Plaintiff does not provide declarations from these witnesses.

            Plaintiff has failed to establish service was proper. Because Park is not a registered process server, his declaration is not given greater weight than Defendant’s declaration. Plaintiff does not present additional evidence showing personal service was actually effected.

            Defendant’s motion is GRANTED.