Judge: Melvin D. Sandvig, Case: PC056291, Date: 2022-07-28 Tentative Ruling

Case Number: PC056291    Hearing Date: July 28, 2022    Dept: F47

Dept. F-47

Date: 7/28/22

Case #PC056291

MOTION TO VACATE DISMISSAL & ENTER JUDGMENT

Motion filed on 9/3/21.

MOVING PARTY: Plaintiff American Express Centurion Bank

RESPONDING PARTY: Defendant Janet J Lee aka Janet Jung Lee

RELIEF REQUESTED: An order vacating the dismissal in this case and entering judgment against Defendant pursuant to CCP 664.6.

RULING: The motion is placed off calendar.    

This motion was originally set for hearing on 2/15/22.  On that date, the Court’s tentative ruling was to place the motion off calendar due to issues with the service of the motion and underlying notice of default.  (See 2/15/22 Minute Order which sets forth the reasoning for the ruling).  The Court noted that “[u]ntil Plaintiff re-serves the notice of default and a subsequent motion (if the default is not cured) on the email address set forth for Defendant in the Stipulation for Conditional Entry of Judgment, the Court cannot grant the relief requested.”  (Id., p.2).  At the hearing, Plaintiff’s counsel represented that the notice of default and motion had been served on Defendant’s correct email address.  Id.  As a result, the Court continued the hearing to 4/27/22 (rather than placing the matter off calendar) and ordered Plaintiff to give notice.  Id.

On 4/5/22, Plaintiff rescheduled the 4/27/22 hearing to 7/27/22.  On 7/13/22, the Court continued the 7/27/22 hearing to 7/28/22.  Plaintiff has not filed any evidence to support its counsel’s representation at the 2/15/22 hearing that the underlying notice of default and motion had been served on Defendant’s correct email address.  Plaintiff has also not filed any evidence that it served Defendant with notice of the Court’s 2/15/22 ruling or notice of the rescheduling of the hearing dates.

There is no response to the motion from Defendant.  Therefore, the motion is placed off calendar.