Collectronics, Inc. v. Pablo Calico, LLC

MCV-230661, Collectronics, Inc. v. Pablo Calico, LLC
Defendants’ motion to set aside and vacate default judgment is granted.

Defendants’ motion to quash service of summons is granted.

Defendants demonstrate that they have never received the summons and complaint personally or via substituted service, they did not know of the lawsuit until they received the request for default in the mail in late March, 2014; they have nothing to do with the address for service shown in Plaintiff’s proof of service, 3400 Adeline, Oakland, and this address is not their home nor business; and finally, Defendants do not know and have never employed a Miriam Marroquin, who is named in the proof of service as the person served. Spears Decs. Although Plaintiff has, since Defendants filed this motion, filed new proofs of service for the same date and service showing a new address, this still shows service on Miriam Marroquin and the circumstances raise great doubts as to the reliability or accuracy of the proofs of service. Defendants also seem to have acted diligently ever since Plaintiff obtained the default.

Defendants’ request for judicial notice is granted in part. The court may judicially notice the printouts from internet websites, and does so. However, this request is not granted with regard to the truth of the matters contained therein, the map as the sole exception.

Plaintiff’s request for judicial notice is granted.

Print Friendly, PDF & Email
Copy the code below to your web site.
x 

Leave a Reply

Your email address will not be published. Required fields are marked *