Judge: Shirley K. Watkins, Case: 22VECV02057, Date: 2023-03-20 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: 22VECV02057    Hearing Date: March 20, 2023    Dept: T

            [TENTATIVE] ORDER:  Defendants Efrat Levy and Bert Ziegel’s Motion to Quash Service of Summons and Complaint is DENIED WITHOUT PREJUDICE.

Introduction

            Defendants Efrat Levy and Bert Ziegel (collectively, Defendants) moved to quash service of the summons and complaint due to improper service.

            Procedure

            Default was entered against Defendants on January 27, 2023.  The instant motion was filed on February 1, 2023, after Defendants’ defaults were entered.  Defendants are “out of court” and their right to appear is cut off.  (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386.)  The Court is without authority to hear the instant motion until the defaults are set aside.

            The Motion to Quash is DENIED WITHOUT PREJUDICE.

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.