Judge: Melissa R. Mccormick, Case: "Primary Resource Network, Inc. v. Naeem", Date: 2022-09-15 Tentative Ruling

Defendant Fade Gasan Naeem’s Motion to Set Aside Entry of Default

Defendant Fade Gasan Naeem moves to set aside the default entered on March 14, 2022.  For the following reasons, the motion is denied.

All moving papers must be served and filed at least 16 court days before the hearing.  Civ. Proc. Code § 1005(b).  If the motion papers are served by mail to an address in California, the notice period is increased by five calendar days.  Id.  If the motion papers are served by fax, express mail, overnight delivery, or electronic service, the notice period is increased by two court days.  Id. § 1010.6(a)(4).  A proof of service reflecting service of the motion papers must be filed five court days before a motion hearing.  Cal. R. Ct. 3.1300(c).

The court file does not contain a proof of service showing defendant served plaintiff with his motion papers.  The motion is therefore denied.

Clerk to give notice.

Case Management Conference

An OSC re Dismissal is scheduled for November 17, 2022 at 1:30 p.m. in Department C13.

Plaintiff is ordered to appear.  Failure to appear will result in dismissal of the action.

Clerk to give notice.