Judge: Melvin D. Sandvig, Case: 22CHCV00341, Date: 2023-04-24 Tentative Ruling

Counsel wishing to submit on a tentative ruling may inform the clerk or courtroom assisant in North Valley Department F47, 9425 Penfield Ave., Chatsworth, CA 91311, at (818) 407-2247.  Please be aware that unless all parties submit, the matter will still be called for hearing and may be argued by any appearing/non-submitting parties. If the matter is submitted on the court's tentative ruling by all parties, counsel for moving party shall give notice of ruling. This may be done by incorporating verbatim the court's tentative ruling. The tentative ruling may be extracted verbatim by copying and specially pasting, as unformatted text, from the Los Angeles Superior Court’s website, http://www.lasuperiorcourt.org. All hearings on law and motion and other calendar matters are generally NOT transcribed by a court reporter unless one is provided by the party(ies).

Case Number: 22CHCV00341    Hearing Date: April 24, 2023    Dept: F47

Dept. F47

Date: 4/24/23

Case #22CHCV00341

MOTION TO SET ASIDE DEFAULT & DEFAULT JUDGMENT

Motion filed on 1/17/23.

MOVING PARTY: Defendant Yeranouhi Grimian

RESPONDING PARTY: Plaintiff Velocity Investments, LLC

RELIEF REQUESTED: An order setting aside the default and default judgment entered against Defendant Yeranouhi Grimian.

RULING:

This is a collections action filed by Plaintiff Velocity Investments, LLC (Plaintiff) against Defendant Yeranouhi Grimian (Defendant) on 5/17/22.  Default was entered against Defendant on 7/22/22 and Default Judgment was entered on 7/25/22.

On 1/17/23, Defendant filed the instant motion seeking an order setting aside the Default and Default Judgment entered against Defendant.  The proof of service attached to the motion is defective in that is dated 1/18/23, after the motion was filed.  In other words, the declarant could not attest that he served the motion on 1/18/23 because that date had not yet occurred at the time the motion was filed.  There is no opposition or other response to the motion to cure the foregoing defect. 

If Plaintiff’s counsel appears and has no objection to the relief requested, the motion will be granted as it is based on the declaration of Defendant’s attorney who attests that the failure to timely file a response to the complaint was entirely the fault of the attorney and the motion was filed within 6 months of the entry of default and default judgment.  (See Duarte Decl.); CCP 473(b).  If the motion is granted, Defendant is ordered to separately file a copy of the Answer which is attached to the motion.

If Plaintiff’s counsel does not appear or appears and objects to the granting of the motion, the hearing will be continued.  In such case, Defendant’s counsel is ordered to serve a notice of the continuance along with a copy of the motion and file a proper proof of service.  The Court further notes that while the physical address in the proof of service where the motion was purportedly mailed is correct, neither of the email addresses where the motion was purportedly also sent is not the email address of record.  The email address in eCourt for Plaintiff’s counsel is: serveonlyca@abclegal.com.