Defendant Patricia Avalos’s (“Defendant”) unopposed Motion to Set Aside Default Judgment (“Motion”) is DENIED without prejudice.
Pursuant to CCP § 1005(b), the Motion was required to be served upon plaintiff Sara Hilt (“Plaintiff”) at least 16-court days prior to the hearing (if personally served).
Additionally, a proof of service must have been filed at least five-court days prior to the hearing. CRC Rule 3.1300(c).
Here, no proof of service of the Motion was ever filed with the Court. Given that no opposition brief was ever filed, it appears likely that Plaintiff was never actually served with the Motion. As such, the Motion is denied without prejudice. Defendant may refile and properly serve a new motion pursuant to code. A complete proof of service of the new motion on Plaintiff must also timely be filed with the Court.
No appearances necessary.
Court to give notice.
Hearing Date
November 14, 2019
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Defendant Patricia Avalos’s (“Defendant”) unopposed Motion to Set Aside Default Judgment (“Motion”) is DENIED without prejudice.
Pursuant to CCP § 1005(b), the Motion was required to be served upon plaintiff Sara Hilt (“Plaintiff”) at least 16-court days prior to the hearing (if personally served).
Additionally, a proof of service must have been filed at least five-court days prior to the hearing. CRC Rule 3.1300(c).
Here, no proof of service of the Motion was ever filed with the Court. Given that no opposition brief was ever filed, it appears likely that Plaintiff was never actually served with the Motion. As such, the Motion is denied without prejudice. Defendant may refile and properly serve a new motion pursuant to code. A complete proof of service of the new motion on Plaintiff must also timely be filed with the Court.
No appearances necessary.
Court to give notice.