Tentative Ruling on Motion to Set Aside Default

Allen v. Cahez, Case No. 2019-33230

Jan. 8, 2021, 1:30 p.m., Dept. 72

1. Overview and Procedural Posture.

In this case, an attorney seeks to collect a fee of $42,897.12, plus interest. The underlying representation involved a marital dissolution case; the attorney-client relationship ended in 2016. The complaint was filed in June 2019. At the initial CMC in December 2019, plaintiff reported he had not been able to serve the summons and complaint. ROA 8, 12. This state of affairs persisted at the second CMC. ROA 17. The third CMC was delayed due to the court closure occasioned by the COVID-19 pandemic. ROA 19. When the CMC finally went forward in August 2020, plaintiff gave a further report regarding his efforts to locate and serve defendant. ROA 20. A proof of service was filed shortly after the third CMC. ROA 24, 26.

On September 9, 2020, default was entered. ROA 28. Defendant now seeks to set aside the default pursuant to Code of C