2013-00147411-CL-CL

CACH LLC vs. Eula Aviles

Nature of Proceeding:    Motion to Set Aside

Filed By:  Aviles, Eula

Defendant’s Motion to Set Aside Default and Default judgment on the ground
defendant was not properly served, and on the ground she had no actual notice of the
action in time to file an Answer is unopposed and is granted.  CCP 473.5

Defendant states that she was not served with the Summons and Complaint at  her
residence. She states that the description of the person purportedly served does not
match defendant’s description.  Defendant is 5’2″, not 5’7″ as described by the process
server.  Defendant states that she did not learn of the lawsuit until she received an
“advertisement from a law firm” indicating that a lawsuit had been filed. (Declaration of
Eula Aviles)

Defendant shall file and serve her proposed Answer on or before January 10, 2014.

The minute order is effective immediately.  No formal order pursuant to CRC Rule
3.1312 or further notice is required.