Judge: Melvin D. Sandvig, Case: 24CHCV00002, Date: 2025-03-24 Tentative Ruling
Case Number: 24CHCV00002 Hearing Date: March 24, 2025 Dept: F47
Dept. F47
Date: 3/24/25
Case #24CHCV00002
(1)
MOTION TO SET
ASIDE DEFAULT, VACATE DEFAULT JUDGMENT
&
STAY EXECUTION
OF JUDGMENT
Motion filed on 1/8/25.
MOVING PARTY: Defendant Teresa Ledezma
RESPONDING PARTY: Plaintiff Martin Ledezma
NOTICE: ok
RELIEF REQUESTED: An order
setting aside and vacating the default and default judgment entered against
Defendant Teresa Ledezma in this action and staying execution of the judgment.
(2)
MOTION TO HAVE
THE CLERK OF THE COURT SIGN ESCROW DOCUMENTS
ON BEHALF OF
TERESA LEDEZMA
Amended Motion filed 2/28/25.
MOVING PARTY: Plaintiff Martin Ledezma
RESPONDING PARTY: Defendant Teresa Ledezma
***
RULINGS: The hearing on the motions will be
continued.
On 1/2/24, Plaintiff Martin Ledezma (Plaintiff) filed
this action against various defendants, including Defendant Teresa Ledezma
(Defendant), for partition of real property located at 10521 Oneida Avenue,
Pacoima, CA 91331.
On 7/30/24, Plaintiff filed a proof of service indicating
Defendant was personally served with the summons and complaint on 6/25/24. On that same date, Plaintiff’s request for
entry of default against Defendant was entered.
On 8/30/24, a Stipulation and Order Re Judgment was entered.
On 1/8/25, Defendant filed a motion seeking an order
setting aside and vacating the default and default judgment entered against
Defendant Teresa Ledezma in this action and staying execution of the judgment. No proof of service for the motion has been
filed; however, on 2/14/25, Plaintiff filed an opposition to Defendant’s
motion. The proof of service attached to
the opposition indicates that it is for a “Notice of Order to Show Cause Re:
Entry/Receipt of Judgment.” (See
Opposition, pdf 12). Even if the proof
of service was for the opposition to Defendant’s motion, it contains an
incorrect address for Defendant. The
opposition indicates that it was mailed to Defendant at: 14168
Foothill Blvd., #116, Sylmar, CA 91342. Id. However, Defendant’s address of record is
14164 Foothill Blvd., #116, Sylmar CA 91342. (See Motion to Set Aside Default and
eCourt). Defendant has not filed a reply
to the opposition to cure the defect in notice.
The proof of service attached to Plaintiff’s motion for
an order authorizing the Clerk of the Court to sign all necessary escrow
documents on behalf of Defendant Teresa Ledezma to complete the sale of the
property located at 10521 Oneida Avenue, Pacoima, CA 91331 also contains the
same incorrect address for Defendant. (See
Plaintiff’s Amended Motion, pdf 39).
Defendant has not opposed or otherwise responded to Plaintiff’s motion
to cure the defect in notice.
Based on the foregoing, the hearing on the motions will
be continued. Plaintiff’s counsel is
ordered to re-serve the opposition to Defendant’s motion and Plaintiff’s motion
at Defendant’s address of record.
Any reply to Plaintiff’s opposition to Defendant’s motion
to set aside default must be filed and served at least 5 court days before the
continued hearing date.
Any opposition to Plaintiff’s motion for an order authorizing
the Clerk of the Court to sign all necessary escrow documents on behalf of
Defendant must be filed and served at least 9 court days before the continued
hearing date and any reply to such opposition must be filed and served at least
5 court days before the continued hearing date.
The Court further notes that in violation of CRC
3.1110(f)(4), Plaintiff’s attorney has failed to electronically bookmark the
exhibits attached to Plaintiff’s papers.
Counsel is warned that failure to comply with this requirement in the
future may result in matters being continued so that papers can be resubmitted
in compliance, papers not being considered and/or the imposition of
sanctions.