RELIEF REQUESTED:
1. Motion of Cross-Defendant, Nancy Wang
Order compelling Cross-Complainant, Jeff Thompson, to serve responses to Cross-Defendant’s requests for production; order imposing monetary sanctions of $1,116 on Cross-Complainant and his attorney.

2. Motion of Cross-Defendant, Julie Taberdo
Order setting aside default entered against her

3. Motion of Cross-Defendant, Lynn Wolcott
Order setting aside default entered against her

DISCUSSION:
This case arises from the claim of the Plaintiff, Shantre Investments, Inc., that its property was improperly sold in a foreclosure sale. The Plaintiff was formed for the purpose of holding the property for Scott Dority and Georgeanne Dority.
In addition, Jeff Thompson, Fang Chu, and Hsing Liang Sidney Lin, have filed Cross-Complainants regarding the property at issue.
Further, Hsing Liang Sidney Lin filed an unlawful detainer complaint in 13P00076. This unlawful detainer case was consolidated with this proceeding.
The Court granted a request to bifurcate the unlawful detainer claim and the trial on the unlawful detainer claims was held. The jury rendered a verdict in favor of the Defendant on December 31, 2013. The Court granted a motion for a new trial on the unlawful detainer claim on February 7, 2014. An Appeal has been filed on the bifurcated matter.
This hearing concerns the following motions:

1) the motion of Cross-Defendant, Nancy Wang, for an order compelling Jeff Thompson to serve responses to her requests for production;
2) the motion of Cross-Defendant, Julie Taberdo, for an order setting aside the default entered against her; and
3) the motion of Cross-Defendant, Lynn Wolcott, for an order setting aside the default entered against her.

Jeff Thompson filed a notice of appeal of the order granting a new trial on the unlawful detainer claim. The motions set for this hearing are not stayed by his appeal because they are not matters embraced by the order granting a new trial on the unlawful detainer claim.
Plaintiff, Hsing Lin, had set a motion to tax costs for this hearing. However, the Plaintiff filed a notice on February 27, 2014 that the motion to tax costs was taken off calendar.

1. Nancy Wang’s Motion to Compel Responses
Nancy Wang seeks an order compelling Jeff Thompson to serve responses to her requests for production that she served on August 26, 2013. Nancy Wang’s attorney, Brandon Brousseau, provides facts in paragraph 10 to demonstrate that Jeff Thompson has not served any responses to the discovery.
Under CCP section 2031.300, the Court may order a party to serve responses when the party has failed to serve any responses to requests for production. In addition, under CCP section 2031.300, when a party fails to serve timely responses, the party waives all objections to the requests for production. Since Jeff Thompson has failed to serve any responses to the requests for production, the Court will grant the motion and order Jeff Thompson to serve responses without objections.
In addition, Nancy Wang requests that the Court impose monetary sanctions on Jeff Thompson and his attorney for the fees and costs that were incurred in filing the motion. Under CCP section 2031.300, the Court may impose monetary sanctions upon Jeff Thompson and his attorney for the failure to comply with discovery. Nancy Wang’s attorney, Brandon Brousseau, provides facts in paragraphs 11 to 14 to demonstrate that he expects to spend 5.2 hours at $165 per hour on the motion and that the filing fee was $60.
The Court will adjust this amount because the accounting includes 1.2 hours to analyze an opposition and draft a reply. Since Jeff Thompson did not file any opposition papers, this time was not billed. Accordingly, the Court will reduce the request by $198 (1.2 hours at $165 per hour).
Therefore, the Court will impose monetary sanctions of $720.00 (4 hours at $165 per hour + $60 filing fee).

2. Julie Taberdo’s Motion to Set Aside Default
A default was entered on November 20, 2013 against Julie Tabero on Jeff Thompson’s Cross-Complaint. Julie Taberdo seeks relief under CCP section 473.5, which authorizes the Court to set aside a default and default judgment when the service of a summons has not resulted in actual notice to a party in time to defend the action. CCP section 473.5 requires the motion to be accompanied by an affidavit showing under oath that the party’s lack of actual notice in time to defend the action was not caused by the party’s avoidance of service or inexcusable neglect. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of the following:

1) two years after entry of a default judgment against him or her; or
2) 180 days after service on him or her of a written notice that the default or default judgment has been entered.

Section 473.5 also requires the motion to include a copy of the proposed answer.

Julie Taberdo’s motion was filed on February 11, 2014, which was within the time limits set by section 473.5. Further, her motion is accompanied by a copy of her proposed answer.
Julie Taberdo provides facts in her declaration to demonstrate that she was not served with the summons and complaint through personal service, substituted service, mail, or any other means. Further, Julie Taberdo states that did not avoid service of the summons or complaint. Julie Taberdo states that she discovered the default in January 2014 when she consulted an attorney.

These facts demonstrate that there are grounds under CCP section 473.5 to set aside the default entered against Julie Taberdo because the service of summons did not result in actual notice to her and the lack of actual notice was not caused by her avoidance of service or inexcusable neglect.

Therefore, the Court will grant Julie Taberdo’s motion and set aside the default entered against her on November 20, 2013.

3. Lynn Wolcott’s Motion to Set Aside Default
A default was entered on November 20, 2013 against Lynn Wolcott on Jeff Thompson’s Cross-Complaint. Lynn Wolcott seeks relief under CCP section 473.5, which authorizes the Court to set aside a default and default judgment when the service of a summons has not resulted in actual notice to a party in time to defend the action. CCP section 473.5 requires the motion to be accompanied by an affidavit showing under oath that the party’s lack of actual notice in time to defend the action was not caused by the party’s avoidance of service or inexcusable neglect. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of the following:

1) two years after entry of a default judgment against him or her; or
2) 180 days after service on him or her of a written notice that the default or default judgment has been entered.

Section 473.5 also requires the motion to include a copy of the proposed answer.

Lynn Wolcott’s motion was filed on February 11, 2014, which was within the time limits set by section 473.5. Further, her motion is accompanied by a copy of her proposed answer.
Lynn Wolcott provides facts in her declaration to demonstrate that she was not served with the summons and complaint through personal service, substituted service, mail, or any other means. Further, Lynn Wolcott states that did not avoid service of the summons or complaint. Lynn Wolcott states that she discovered the default in January 2014 when she consulted an attorney.

These facts demonstrate that there are grounds under CCP section 473.5 to set aside the default entered against Lynn Wolcott because the service of summons did not result in actual notice to her and the lack of actual notice was not caused by her avoidance of service or inexcusable neglect.

Therefore, the Court will grant Lynn Wolcott’s motion and set aside the default entered against her on November 20, 2013.

RULING:
1. Motion of Cross-Defendant, Nancy Wang
ORDER Jeff Thompson, to serve responses to Nancy Wang’s requests for production within twenty days;
IMPOSE monetary sanctions on Jeff Thompson and his attorney in the sum of $720.00 to be paid within thirty days.

2. Motion of Cross-Defendant, Julie Taberdo
SET aside default entered against her on November 20, 2013.

3. Motion of Cross-Defendant, Lynn Wolcott
SET aside default against her on November 20, 2013.