Judge: Shirley K. Watkins, Case: 22VECV00081, Date: 2022-08-17 Tentative Ruling

If ALL parties submit on the tentative, then no appearance is necessary unless some other matter (i.e., Case Management Conference) is on calendar. It is not necessary to call the court to request oral argument. Oral argument is permitted on all tentative rulings.

Case Number: 22VECV00081    Hearing Date: August 17, 2022    Dept: T

TENTATIVE RULINGS:

The court grants the motion to set aside the default.   Default was entered on 3/8/2022.  There was a tentative agreement to set aside the default but because of miscommunication between counsel and an intervening illness, the stipulation was not completed.  No judgment has yet been entered and no prejudice has resulted to plaintiff.  The default against both defendants entered 3/8/2022 is vacated.

The court denies the motion to quash service.  One of defendants’ complaints is that Mr. Ben David, as the agent for service of process for defendants, was substituted served at his home.  That is insufficient to grant the motion. Liam Ben-David sets forth in his declaration that the address of substituted service was his home address.  He does not deny that someone Meri Doe, Latino female of 5’4” height and 180 weight and aged 45 with brown hair was at his home on 1/26/2022.  He does not deny that she received service of the papers. He provided the court with no contradictory evidence from her. He acknowledges actual notice of the lawsuit to him and his attorney the day after it was filed. The proof of substituted service was signed by a registered process served which is accorded a presumption that it was true.  According to the registered process server, the papers were given to Meri and were placed in the mail that day. The court finds that evidence to be credible. The court already granted relief from default. Accordingly, the court denies the motion to quash.  Defendants are to respond to the complaint within 30 days.