Defendant Wang’s (pro per) motion to set aside default. No opposition. Motion denied, without prejudice.
First, notice is defective. There is no proof of service of the moving papers. MP was required to serve the moving papers to plaintiff at least 16 court days prior to the hearing, or by 7-2-20. (CCP 1005(b).) If the moving papers were served by means other than personal service, MP would have had to serve plaintiff by 6-29-20 if by overnight mail, or by 6-26-20 if by regular mail. (CCP 1005(b), 1013.) Plaintiff is in pro per; thus, e-service is not permitted, absent “affirmative consent,” of which there is no evidence. (CRC 2.253(b)(3).) However, there is nothing indicating that MP served plaintiff at all.
Second, the motion should also be denied on the merits. The moving papers appear to have been copied from a form book, including directions to check boxes for applicable arguments, and assert nearly every conceivable legal ground for relief from default. However, MP has not provid
Hearing Date
July 24, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
Defendant Wang’s (pro per) motion to set aside default. No opposition. Motion denied, without prejudice.
First, notice is defective. There is no proof of service of the moving papers. MP was required to serve the moving papers to plaintiff at least 16 court days prior to the hearing, or by 7-2-20. (CCP 1005(b).) If the moving papers were served by means other than personal service, MP would have had to serve plaintiff by 6-29-20 if by overnight mail, or by 6-26-20 if by regular mail. (CCP 1005(b), 1013.) Plaintiff is in pro per; thus, e-service is not permitted, absent “affirmative consent,” of which there is no evidence. (CRC 2.253(b)(3).) However, there is nothing indicating that MP served plaintiff at all.
Second, the motion should also be denied on the merits. The moving papers appear to have been copied from a form book, including directions to check boxes for applicable arguments, and assert nearly every conceivable legal ground for relief from default. However, MP has not provid