Judge: Melvin D. Sandvig, Case: 22CHCV00358, Date: 2023-10-03 Tentative Ruling

Case Number: 22CHCV00358    Hearing Date: October 3, 2023    Dept: F47

Dept. F47

Date: 10/3/23

Case #22CHCV00358

MOTION TO SET ASIDE DEFAULT JUDGMENT

Motion filed on 5/30/23.

MOVING PARTY: Defendant Liliana Ramirez

RESPONDING PARTY: Plaintiff Grigor Atoian, Trustee for the Atoian Family 1993 Living Trust

RELIEF REQUESTED: An order setting aside default judgment against Defendant Liliana Ramirez. 

RULING: The motion is placed off calendar.  On the Court’s own motion an Order to Show Cause will be scheduled as set forth below. 

On 5/23/22, Grigor Atoian, as Trustee of the Atoian Family 1993 Living Trust filed this action “in propria persona” against Defendant Liliana Ramirez (Defendant).  (See Complaint, face page, lines 1-7).  On 10/10/22, pursuant to a request filed by Grigor Atoian, Trustee for the Atoian Family 1993 Living Trust, default (not default judgment) was entered against Defendant.  On 5/30/23, Defendant, also representing herself, filed the instant motion to set aside default judgment and to allow Defendant to file a motion to quash.  No proof of service has been filed for the motion and no opposition or other response to the motion has been filed by Plaintiff.  Therefore, the motion is placed off calendar.

However, unless Grigor Atoian is an attorney, he cannot represent the Atoian Family 1993 Living Trust (the Trust) in court.  See Business & Professions Code 6125; Ziegler (1998) 64 CA4th 545, 547-549.  Therefore, the Court will set an Order to Show Cause Re why the default should not be set aside as void and the action dismissed as being improperly filed by a non-attorney on behalf of a trust.