Motion: Defendant Elaine Cantu’s motion to vacate renewal of
judgment
Tentative Ruling:
To grant. The renewal of judgment dated December 11, 2019, shall be vacated as to Defendant Elaine Cantu. The abstract of judgment dated December 12, 2019, shall be vacated as to Defendant Elaine Cantu.
Explanation:
Renewal of judgment can be vacated on the grounds that service of the
underlying complaint was not executed per statute. (See Fidelity Creditor Service, Inc. v. Brown (2001) 89 Cal.App.4th 195, 202 [“Brown”].) Substituted service requires that “a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box . . ..” (Code Civ. Proc. §415.20, subd. (b), emphasis added.) Furthermore, “a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void.” (Dill v. Berqui
Hearing Date
June 18, 2020
Type
09 Unlimited - Other Collections
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Motion: Defendant Elaine Cantu’s motion to vacate renewal of
judgment
Tentative Ruling:
To grant. The renewal of judgment dated December 11, 2019, shall be vacated as to Defendant Elaine Cantu. The abstract of judgment dated December 12, 2019, shall be vacated as to Defendant Elaine Cantu.
Explanation:
Renewal of judgment can be vacated on the grounds that service of the
underlying complaint was not executed per statute. (See Fidelity Creditor Service, Inc. v. Brown (2001) 89 Cal.App.4th 195, 202 [“Brown”].) Substituted service requires that “a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box . . ..” (Code Civ. Proc. §415.20, subd. (b), emphasis added.) Furthermore, “a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void.” (Dill v. Berqui