Nature of Proceedings: Motion: Quash/Set Aside Request for Entry of Default
In this action, plaintiff JM Development, Inc., the general contractor on a residential housing project in Templeton, California, has sued five subcontractors on the project for construction defects. Plaintiff Petersen Ranch, LLC was the developer of the project. Between 2007 and 2009, plaintiffs repaired the shower and bath systems in 18 homes in the development after the homeowners complained of water leaks. Plaintiffs paid $255,826.73 to make the repairs and they now seek reimbursement of those costs against defendants, including Cobra Plumbing, Inc. (“Cobra”). Cobra installed the water lines, gas lines, and plumbing fixtures in the homes.

On June 29, 2010, Cobra was served with the summons and complaint, but failed to file a response. On December 13, 2010, Cobra’s default was taken. Cobra now moves to quash service of the summons and complaint and to set aside the default. Cobra contends th