Judge: Michelle C. Kim, Case: 21STCV07713, Date: 2023-07-21 Tentative Ruling
Case Number: 21STCV07713 Hearing Date: July 21, 2023 Dept: 31
DEPT:
| 31 |
OSC DATE:
| 07/21/2023 |
CASE NAME/NUMBER:
| 21STCV07713 ELYSE ALVAREZ vs JASON LISCHKE, et al. |
REQUEST FOR COURT JUDGMENT AGAINST [DEFAULTING PARTY]:
| Stephanie Lischke |
RECOMMENDATION:
| DENY for reasons stated below. |
TENTATIVE
The request for default judgment submitted on May 3, 2023 is DENIED for the following reasons:
On April 11, 2023, specially appearing defendants Jason Lischke and Stephanie Lischke filed a motion to set aside default entered on March 7, 2023 and to permit filing of a responsive pleading. The hearing on this motion is currently set to be heard on January 31, 2024.
Furthermore, the Court granted defendants Jason Lischke and Stephanie Lischke’s motion to quash service of summons and complaint as to the proof of service of summons filed on May 2, 2022. (Min. Order, Jan. 26, 2023.) Defendants Jason Lischke and Stephanie Lischke’s filed a second motion to quash service of summons and complaint as to the proof of service filed on November 2, 2022, currently set to be heard on January 31, 2024.
Therefore, default is void pursuant to CCP section 585(a).
Plaintiff is to ordered to give notice.