Judge: Melissa R. Mccormick, Case: "Salisbury Group, Inc. v. Saatchi", Date: 2023-08-03 Tentative Ruling

Defendants Malakeh M. Saatchi and Paul Edalat’s Motion to Vacate Judgments

Defendants Malakeh M. Saatchi and Paul Edalat move to vacate judgments entered against each of them, respectively, on August 30, 2022 following a court trial decision in favor of plaintiff Salisbury Group, Inc.  For the following reasons, defendants’ motion is denied.

Defendants assert they did not appear for trial on August 22, 2022 because defendant Saatchi fell in July 2022 and thereafter had several medical appointments and was at unspecified times “bed bound.”  Defendants also assert they did not receive notice of the trial date, and claim that at an unspecified time they obtained new counsel who they believed was representing them.

Defendants cite no legal authority in support of their motion and have not otherwise demonstrated their motion is timely.  Even if the motion cited applicable law and complied with applicable statutes, however, none of these alleged circumstances warrants vacating the judgments.  Defendants provide no specific evidence defendant Saatchi’s condition(s) rendered her unable to attend the trial.  The court file demonstrates defendants received notice of the August 22, 2022 trial date.  ROA 586 & 587.  The first evidence in the court file of new counsel for defendants after the court granted defendants’ prior counsel’s motions to be relieved on February 17, 2022 is the instant motion, which Attorney Yrungaray filed on March 22, 2023, months after the court trial.  The court file does not contain a substitution of counsel designating Attorney Yrungaray as either defendant’s counsel.

Plaintiff to give notice.