2013-00144895-CU-FR

David Irani vs. Justin Flanery

Nature of Proceeding: Motion for Relief from Default Judgment (Carol Flanery)

Filed By: Watts Jr., Richard M.

Defendant Carol Flanery’s Motion for Relief from Default Judgment, is treated by the
Court as a Motion to Quash Service of Process and to Set Aside Entry of Default, and
is unopposed and GRANTED. C.C.P., secs. 473, 473.5

Plaintiff’s First Amended Complaint for damages against moving party was filed on
July 26, 2013.

The proof of service on moving defendant reflects substituted service of the summons and complaint by personal service on Jeff “Doe” at 4644 Norris Ave., Sacramento,
California on Dec. 12, 2013, at 8:30 am.

Defendant Carol Flanery declares that the Norris Ave. address is owned by her, but is
neither her home nor her place of business, as it is leased to a residential tenant.

She did not learn that she had been sued until after entry of Clerk’s Default against her
on Jan. 24, 2014. No Judgment has yet been entered.

Compliance with the statutory procedures for service of process is essential to
establish personal jurisdiction. Thus, a default judgment entered against a defendant
who was not served with a summons in the manner prescribed by statute is void. Dill v.
Berquist Construction Co., (1994) 24 Cal.App.4th 1426, 1444. Under section 473(d),
the court may set aside a default judgment which is valid on its face, but void, as a
matter of law, due to improper service. Brown v. Williams (2000) 78 Cal.App.4th 182,
186-187, fn. 4; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (TRG
2008) 5:485.

The motion to quash service of process and to set aside default against defendant
Carol Flanery is granted. The Entry of Default is ordered VACATED.

Plaintiff must properly serve defendant, before a responsive pleading is required.

This minute order is effective immediately. No formal order nor further notice is
required, the tentative ruling providing sufficient notice.

Item 21 2013-00144895-CU-FR

David Irani vs. Justin Flanery

Nature of Proceeding: Motion for Relief from Default Judgment (Corey Travis)

Filed By: Watts Jr., Richard M.

Defendant Corey Travis’ Motion for Relief from Default Judgment, is treated by the
Court as a Motion to Quash Service of Process and to Set Aside Entry of Default, and
is unopposed and GRANTED. C.C.P., secs. 473, 473.5

Plaintiff’s First Amended Complaint for damages against moving party was filed on
July 26, 2013.

The proof of service on moving defendant reflects substituted service of the summons
and complaint by personal service on Rigo Torres at 1100 Orlando Ave., Roseville,
California on Nov. 2, 2013, at 7:03 pm.
Defendant Travis declares that the Orlando address is neither his home nor his place
of business, and he was not given the summons and complaint by Rigo Torres.

Clerk’s Default was entered against defendant Feb. 13, 2014. No Judgment has yet
been entered.

Compliance with the statutory procedures for service of process is essential to
establish personal jurisdiction. Thus, a default judgment entered against a defendant
who was not served with a summons in the manner prescribed by statute is void. Dill v.
Berquist Construction Co., (1994) 24 Cal.App.4th 1426, 1444. Under section 473(d),
the court may set aside a default judgment which is valid on its face, but void, as a
matter of law, due to improper service. Brown v. Williams (2000) 78 Cal.App.4th 182,
186-187, fn. 4; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (TRG
2008) 5:485.

The motion to quash service of process and to set aside default against defendant
Corey Travis’ is granted. The Entry of Default is ordered VACATED.

Plaintiff must properly serve defendant, before a responsive pleading is required.

This minute order is effective immediately. No formal order nor further notice is
required, the tentative ruling providing sufficient notice.

Item 22 2013-00144895-CU-FR

David Irani vs. Justin Flanery

Nature of Proceeding: Motion for Relief from Default Judgment (Justin Flanery)

Filed By: Watts Jr., Richard M.

Defendant Justin Flanery’s Motion for Relief from Default Judgment, is treated by the
Court as a Motion to Quash Service of Process and to Set Aside Entry of Default, and
is unopposed and GRANTED. C.C.P., secs. 473, 473.5

Plaintiff’s First Amended Complaint for damages against moving party was filed on
July 26, 2013.

The proof of service on moving defendant reflects substituted service of the summons
and complaint by personal service on Ryan Erins/Manager in charge of business
th
located at 315 North 10 Street, Sacramento on Nov. 1, 2013 at 11:50 am.

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Defendant Justin Flanery declares that the North 10 Street address is a business Two
Rivers Wellness, where he provides periodic services, but does not maintain an office
and is on location for less than one hour per visit and less than four days per month. He has no set schedule for when he will be there. That address is neither his home
nor his regular place of business.

Justin Flanery did not learn that he had been sued until after entry of Clerk’s Default
against him on Feb. 13, 2014. No Judgment has yet been entered.

Compliance with the statutory procedures for service of process is essential to
establish personal jurisdiction. Thus, a default judgment entered against a defendant
who was not served with a summons in the manner prescribed by statute is void. Dill v.
Berquist Construction Co., (1994) 24 Cal.App.4th 1426, 1444. Under section 473(d),
the court may set aside a default judgment which is valid on its face, but void, as a
matter of law, due to improper service. Brown v. Williams (2000) 78 Cal.App.4th 182,
186-187, fn. 4; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (TRG
2008) 5:485.

The motion to quash service of process and to set aside default against defendant
Justin Flanery is granted. The Entry of Default is ordered VACATED.

Plaintiff must properly serve defendant, before a responsive pleading is required.

This minute order is effective immediately. No formal order nor further notice is
required, the tentative ruling providing sufficient notice.