2013-00152312-CL-CL

Grant & Weber vs. Sushila Verma

Nature of Proceeding: Motion to Set Aside Default and Default Judgment

Filed By: Verma, Vishwa P.

This matter is DROPPED due to defective service of notice unless moving party files at
or before the hearing on this matter a duly executed proof of service which
demonstrate valid, timely service of the moving papers. The only proof of service in
the Court’s file is not signed and does not state the date on which the service (by mail)
allegedly occurred. Defective service of notice deprives the Court of jurisdiction to
consider this matter. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509-511.)

Provided that moving party does timely file a duly executed proof of service
demonstrating valid, timely service of the moving papers, the following will become the
tentative ruling of the Court:

Defendant’s motion to set aside the default and default judgment previously entered
against him is UNOPPOSED and is GRANTED.

Defendant is admonished for failing to comply with CRC Rules 2.111(3) and 3.1110(b)
(3)-(4).

Although the notice of motion provided notice of the Court’s tentative ruling system as
required by Local Rule 1.06(D), the notice does not comply with that rule. Defendant
is directed to review the Local Rules, effective 1/1/2013.
Defendant moves to set aside the default and default judgment previously entered
against him on the grounds of mistake, inadvertence and excusable neglect, claiming
that he erroneously believed that the answer filed by his wife was sufficient to protect
his rights.

Coupled with the lack of any opposition and the well established policy favoring
disposition on the merits, the Court finds good cause to set aside pursuant to Code of
Civil Procedure §473 the default and/or default judgment previously entered against
defendant.

The clerk is directed to file the proposed answer which was attached to the
moving papers.

This minute order is effective immediately. No formal order or other notice is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)