Judge: Michael Shultz, Case: 23CMCV00626, Date: 2024-04-02 Tentative Ruling

Case Number: 23CMCV00626    Hearing Date: April 2, 2024    Dept: A

23CMCV00626 Security Credit Services, LLC v. Castashau Tyson

Tuesday, April 2, 2024 at 8:30 a.m.

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

      This is an action to collect on a debt owed to Plaintiff’s predecessor-in-interest. The clerk entered default against Defendant on August 7, 2023. The Court entered judgment against Defendant on September 21, 2023, for $31,391.96.

      Defendant moves to vacate default and default judgment on grounds he was not properly served with the summons and complaint. Defendant timely served Plaintiff with the motion, and Plaintiff did not file an opposition.

      Without proper service over a defendant, the court lacks personal jurisdiction. (Brown v. Williams (2000) 78 Cal.App.4th 182, 186, fn. 4). Therefore, an ensuing default entry and judgment are void. (Id.)

      The proof of service filed with the Court reflects that substituted service on Defendant was accomplished May 18, 2023 at 7301 Richfield Street, Apt 10 in Paramount, California. However, Plaintiff’s address as reflected in the motion is 7200 Somerset Blvd., #452, Paramount, California.

      Plaintiff bears the burden of proving “by a preponderance of the evidence that all necessary jurisdictional criteria are met.” (Thomas J. Palmer, Inc. v. Turkiye Is Bankasi A.S. (1980) 105 Cal.App.3d 135, 148.) This burden must be met by competent evidence in affidavits and authenticated documentary evidence. An unverified complaint may not be considered as an affidavit supplying necessary facts. (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232–1233.)

      Plaintiff did not file an opposition. Accordingly, Defendant’s Motion is GRANTED. The default entered on August 7, 2023, and default judgment entered on September 21, 2023 are both vacated. Defendant is ordered to immediately and separately file the proposed answer presently attached to the motion. The Court sets a Case Management Conference hearing for August 1, 2024,  at 8:30 a.m. in Department A of the Compton Courthouse.