Defendants Harsh Desai and Vista Group Hospitality, LLC bring this motion to set aside the default and default judgment entered against them.
The Court grants plaintiff's requests for judicial notice. The Court also takes judicial notice of the entire court file. Plaintiff's objections to Defendant Desai's declaration are overruled. CCP §473(d)
"The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." CCP §473(d). "[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. (2 Witkin, Cal.Procedure, supra, Jurisdiction, § 92, pp. 459–460.) Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. (See, e.g., Nagel v. P & M Dist
Hearing Date
December 23, 2020
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Defendants Harsh Desai and Vista Group Hospitality, LLC bring this motion to set aside the default and default judgment entered against them.
The Court grants plaintiff's requests for judicial notice. The Court also takes judicial notice of the entire court file. Plaintiff's objections to Defendant Desai's declaration are overruled. CCP §473(d)
"The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." CCP §473(d). "[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. (2 Witkin, Cal.Procedure, supra, Jurisdiction, § 92, pp. 459–460.) Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. (See, e.g., Nagel v. P & M Dist