Judge: Shirley K. Watkins, Case: LC075554, Date: 2022-09-14 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: LC075554    Hearing Date: September 14, 2022    Dept: T

            [TENTATIVE] ORDER:  Defendant Barkev Balekian’s Motion to Set Aside is DENIED WITHOUT PREJUDICE.

Introduction

Defendant Barkev Balekian, in pro per (Defendant,) moves to set aside the entry of default and default judgment entered on October 31, 2006 and November 14, 2006, respectively. 

            Discussion 

            The instant motion was filed on March 29, 2022.  On May 27, 2022 and July 12, 2022, the Court heard the matter and notified Defendant of his failure to file a proof of service showing service of the instant motion upon Plaintiff Target National Bank (Plaintiff.)  Defendant has not cured the service defect.  Without service of the motion, Plaintiff has been deprived of proper notice and opportunity to be heard.  Due to the lack of notice and opportunity to be heard, the Motion to Set Aside is DENIED WITHOUT PREJUDICE.

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.