Case Number: BC669930 Hearing Date: November 28, 2018 Dept: 3

SONIA MCGHEE,

Plaintiff(s),

vs.

ADRIAN RAUL VILLAR, ET AL.,

Defendant(s).

CASE NO: BC669930

[TENTATIVE] ORDER GRANTING DEFENDANT’S MOTION TO VACATE DEFAULT

Dept. 3

1:30 p.m.

November 28, 2018

Plaintiff, Sonia McGhee filed this action against Defendants, Adrian Raul Villar, Juan Fernandez, and Amber Salas for damages arising out of an automobile accident. Plaintiff filed proof of service on each defendant on 12/29/17. On 5/21/18, the Clerk entered Villar’s default. On 6/05/18, the Clerk entered Fernandez and Salas’s defaults.

At this time, Villar moves to vacate the default entered against him. He declares he did not reside at the address where he was purportedly served on the date of service. He declares he lived at that address until 6/19/16, but on 6/20/16 he became an active member of the Marines, and he was stationed in Louisiana on the date of purported service. He declares he first learned of this lawsuit when his grandmother, who resides at the address where he was purportedly served, received default papers in late May or early June of 2018. Notably, Defendant provides a “Statement of Military Service,” which was provided by the Headquarters Battalion in New Orleans and is signed by the custodian of records for the Battalion; the Statement indicates Defendant was stationed in New Orleans at the time of purported service.

Defendant moves to vacate the default on the ground that the default is void. CCP §473(d). The Court finds the moving papers adequately show Defendant was not personally served, and the resulting default is void. See Sternbeck v. Buck (1957) 148 Cal.App.2d 829.

Any opposition to the motion was due on or before 11/13/18. The Court has not received opposition to the motion. The unopposed motion is therefore granted.

The Court notes that Defendant attempted to resolve this issue by way of stipulation, and Plaintiff’s attorney failed to respond to repeated attempts at resolution. The Court asks Plaintiff’s attorney to respond promptly, in the future in connection with this and other actions, to any correspondence that could resolve matters on calendar without law and motion practice. Plaintiff’s failure to oppose the motion tends to suggest Plaintiff does not oppose the relief sought, and the matter could have been resolved without the use of valuable judicial resources.

Defendant is ordered to give notice.