Judge: Michael E. Whitaker, Case: 22SMCV01649, Date: 2024-01-03 Tentative Ruling

Case Number: 22SMCV01649    Hearing Date: January 3, 2024    Dept: 207

TENTATIVE RULING

DEPARTMENT         207

HEARING DATE      January 3, 2024

CASE NUMBER       22SMCV01649

MOTION                    Motion to Set Aside/Vacate Dismissal

MOVING PARTY     Defendant Perside Nicole Cognein, also known as Eshrat Masoodifar, an individual and representative, executor and/or heir of the Estate of Guy Cognein

OPPOSING PARTIES           (none)

Defendant Perside Nicole Cognein, also known as Eshrat Masoodifar, an individual and representative, executor and/or heir of the Estate of Guy Cognein (“Defendant”) moves to set aside the default judgment entered November 11, 2023.  No opposition has been filed.

With the motion, Defendant attached a proof of service. However, the Court finds that the proof of service is defective under Code of Civil Procedure section 1013b. 

First, the Court notes that Defendant’s address noted on the caption page is different from the address set forth on the proof of service.  Thus, the Court is unsure whether the motion was served from the Pacific Palisades address or the Wilshire Boulevard address.  Second, the Court finds that the name of the person serving the motion is not included on the proof of service.  The Court cannot assume that Defendant was the person serving the motion, especially when the proof of service is not executed with a full signature.  Third, the Court finds that the electronic service address of either Daniel Medioni, or Wolf, Rifkin, Shapiro, Schulman & Rabkin LLP, is not included on the proof of service.  Therefore, the Court is uncertain what email address was utilized in serving the motion. 

Consequently, the Court determines that Defendant has not provided proper notice of the hearing on the motion, and denies the motion without prejudice as procedurally defective. 

            The Clerk of the Court shall provide notice of the Court’s ruling.

DATED: January 3, 2024                                                       ___________________________

Michael E. Whitaker

                                                                                          Judge of the Superior Court