Judge: Nathan R. Scott, Case: Dunphy vs. Jauregui, Date: 2023-01-06 Tentative Ruling

OSC re Dismissal (entry of default judgment)

The OSC is vacated.

Motion to Dismiss

Defendant Alejandro Jauregui’s motion to dismiss is granted. (See Code Civ. Proc. §  583.210, subd. (a).)

Plaintiffs filed the complaint on 10/25/17 but served it on 3/17/22 – more after the 3-year service deadline.  (See Schamble decl.  ¶¶ 2, 5.)

Plaintiffs have not met their burden to show defendant was not amenable to service or that service was impossible, impracticable, or futile.  (Code Civ. Proc., § 583.240

Plaintiffs contend they had good reason to maintain this lawsuit against defendant.  (See Opp. at pp. 1-3.)  Even so, plaintiffs have not shown reasonably diligent service efforts. 

Plaintiffs note “settlement efforts initiated and

maintained by Plaintiffs’ counsel have been rebuffed” by defendant’s carrier.  (Opp. at p. 2.)  But settlement discussions do not toll the 3-year service deadline.  (See Lesko v. Superior Court (1982) 127 Cal.App.3d 476, 485-486.)  

The clerk shall give notice.