This is a business dispute involving credit card processing services. As alleged, defendant failed to honor its agreement and employed alternate methods for processing credit card transactions. The amount in controversy is approximately $33,000.00.
Plaintiff moves to set aside a dismissal entered on 11/21/19 for its failure to attend court hearings. The motion cannot be granted for three reasons.
First, there is no proof of service accompanying the motion, and, since defendant has yet to appear in the action, this Court must presume that defendant has no idea any of this is happening. The defendant must be properly notified.
Second, because there is no proof of service, the motion appears to be untimely.
Applications for relief must be made within six months after entry of judgment. Sugasawara v. Newland (1994) 27 Cal.App.4th 294, 297. The application is deemed to be “made” when it is filed and served. Arambula v. Union Carbide Corp. (2005) 128 Cal.App.4th 333, 341. As it was not serve