Judge: Monica Bachner, Case: 22STCV37457, Date: 2023-04-19 Tentative Ruling

Case Number: 22STCV37457    Hearing Date: April 19, 2023    Dept: 71

Superior Court of California

County of Los Angeles

DEPARTMENT 71

TENTATIVE RULING

Defendant Joselyn Olazabal’s motion to vacate/set aside entry of default, judgment, and to quash any writ of possession and/or execution is continued to May 15, 2023, at 8:30 AM.  Defendant Joselyn is to serve Plaintiff with her original moving papers within 24 hours of this order.  Plaintiff’s opposition is to be filed and served by April 28, 2023.  Defendant Joselyn’s reply is to be filed and served by May 8, 2023.

Defendant Victor Manuel Olazabal’s motion to vacate/set aside entry of default, judgment, and to quash any writ of possession and/or execution is continued to May 15, 2023, at 8:30 AM.  Defendant Victor is to serve Plaintiff with his original moving papers within 24 hours of this order.  Plaintiff’s opposition is to be filed and served by April 28, 2023.  Defendant Victor’s reply is to be filed and served by May 8, 2023.

Defendant Joselyn Olazabal (“Joselyn”) (“Defendant”), in pro per, moves for an order to set aside the entry of default, judgment entered against her, and to quash any writ of possession and/or execution by Plaintiff Hashem 26, LLC (“Hashem”) (“Plaintiff”) in this action.  (Notice of Motion Joselyn, pgs. 1-2; C.C.P. §§473(b), (d), §473.5.)  Defendant Joselyn moves to set aside the default and any judgment on the grounds of Defendant’s “surprise, mistake, excusable neglect, or inadvertence,” that default was entered despite Defendant’s lack of actual notice of the lawsuit in time to respond, and that the default is void because the legal papers were not served on Defendant at all or were improperly served.  (Notice of Motion Joselyn, pg. 2; C.C.P. §§473(b), (d), §473.5.)

Defendant Victor Manuel Olazabal (“Victor”) (“Defendant”), in pro per, moves for an order to set aside the entry of default, judgment entered against him, and to quash any writ of possession and/or execution by Plaintiff in this action.  (Notice of Motion Victor, pgs. 1-2; C.C.P. §§473(b), (d), §473.5.)  Defendant Victor moves to set aside the default and any judgment on the grounds of Defendant’s “surprise, mistake, excusable neglect, or inadvertence,” that default was entered despite Defendant’s lack of actual notice of the lawsuit in time to respond, and that the default is void because the legal papers were not served on Defendant at all or were improperly served.  (Notice of Motion Victor, pg. 2; C.C.P. §§473(b), (d), §473.5.)

Background

On November 30, 2022, Plaintiff filed its complaint against Defendants Joselyn and Victor (collectively, “Defendants”).  Plaintiff filed a proof of service on Defendant Victor by personal service on December 8, 2022.  Plaintiff filed a proof of service on Defendant Joselyn on December 19, 2022.  On February 1, 2023, the Clerk entered default against Defendant Joselyn.  On February 9, 2023, the Clerk entered default against Defendant Victor.  After the defaults were entered, Defendants filed an answer on February 15, 2023.

On February 21, 2023, Defendants filed the instant motions pro per. On April 6, 2023, Plaintiff filed an opposition. As of the date of this hearing, Defendants have not filed a reply.

Plaintiff opposes Defendants’ motions on the basis that Defendants failed to comply with the Court’s 3/7/23 Minute Order and C.C.P. §1005(b) to serve Plaintiff with moving papers at least 16 court days before the hearing.  (Opposition, pg. 1.)  The Court continues the instant motion for Defendants’ failure to comply with C.C.P. §1005(b) and this Court’s 3/7/23 Minute Order.

Defendants’ motions are continued to May 15, 2023, at 8:30 AM.  Defendants are to serve Plaintiff with their original moving papers within 24 hours of this order.  Plaintiff’s opposition is to be filed and served by April 28, 2023.  Defendants’ replies are to be filed and served by May 8, 2023.

Dated:  April _____, 2023

Hon. Daniel M. Crowley

Judge of the Superior Court