Judge: Melissa R. Mccormick, Case: Atashband v. Ferry, Date: 2022-10-13 Tentative Ruling

Cross-defendant Sohrab Bahari’s Motion to Set Aside Default

Cross-defendant Sohrab Bahari moves for an order setting aside the default entered against him on November 16, 2020.  Bahari contends that service of the summons and complaint on him by allegedly substituted service on September 6, 2020 did not result in actual notice to Bahari in time to defend the action.  Bahari argues the court should therefore, pursuant to Code of Civil Procedure § 473.5, set aside the default entered against him.  No oppositions have been filed.  For the following reasons, Bahari’s motion is granted.

The court finds Bahari made his motion within the time specified in section 473.5(a) and that Bahari’s lack of actual notice in time to defend the action was not caused by Bahari’s avoidance of service or inexcusable neglect.  See Cal. Civ. Proc. Code § 473.5(c); Declaration of Sohrab Bahari ¶¶ 1-14.

In light of the above-cited evidence, Bahari’s motion to set aside the default entered against him is granted and the default previously entered is hereby set aside.  Bahari is ordered to answer or otherwise respond to the cross-complaint by October 24, 2022.  The court notes Bahari submitted a proposed answer with his motion.  See Jackson-Laws Decl. Ex. A.

The trial remains scheduled for January 9, 2023 at 9:00 a.m. in Department C13. 

Cross-defendant Sohrab Bahari to give notice.