MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT; QUASH SERVICE
(CCP §§ 473.5, 473(d), 418.10)
TENTATIVE RULING:
Defendant N. Desai aka Nerandra M. Desai’s Motion to Vacate Default and Default Judgment, and to Quash Service of Summons is DENIED.
SUMMARY OF COMPLAINT: Action for breach of loan agreement and guaranty.
REQUEST FOR RELIEF: Set aside default judgment entered against Defendant on the grounds that substituted service of the Summons and Complaint was improper and that the default judgment application was not served on him.
OPPOSITION: Defendant was properly served by substitute service and retained an attorney to negotiate a settlement with Plaintiff. The deadline to move for statutory relief has passed and Defendant is not entitled to equitable relief without showing a meritorious defense.
REPLY: Defendant’s reply brief is in contravention of the Court’s briefing schedule and should be struck.
ANALYSIS:
Plaintiff Wells Fargo Bank, NA (“Plaintiff’) filed the instant acti
Type
Other Complaint (non-tort/non-complex) (General Jurisdiction)
Status
Default Judgment Pursuant to Decl. 10/08/2009
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MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT; QUASH SERVICE
(CCP §§ 473.5, 473(d), 418.10)
TENTATIVE RULING:
Defendant N. Desai aka Nerandra M. Desai’s Motion to Vacate Default and Default Judgment, and to Quash Service of Summons is DENIED.
SUMMARY OF COMPLAINT: Action for breach of loan agreement and guaranty.
REQUEST FOR RELIEF: Set aside default judgment entered against Defendant on the grounds that substituted service of the Summons and Complaint was improper and that the default judgment application was not served on him.
OPPOSITION: Defendant was properly served by substitute service and retained an attorney to negotiate a settlement with Plaintiff. The deadline to move for statutory relief has passed and Defendant is not entitled to equitable relief without showing a meritorious defense.
REPLY: Defendant’s reply brief is in contravention of the Court’s briefing schedule and should be struck.
ANALYSIS:
Plaintiff Wells Fargo Bank, NA (“Plaintiff’) filed the instant acti