HEARING ON MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

FILED BY SUKHDEEP KAUR

* TENTATIVE RULING: *

Before the Court is Defendant’s motion to vacate default and default judgment. For the reasons set forth, the motion is granted. Defendant is ordered to file her answer to the complaint by July 10, 2020 and serve a copy on Plaintiff’s counsel by that date.

Facts

Plaintiffs Mohinder Singh and Kuljinder Kaur filed a complaint seeking rescission and cancellation of a deed which they allege conveyed a 50% interest in their property to their nephew Gurpinder Singh, now deceased. Defendant and moving party Sukhdeep Kaur (“S. Kaur”), alleges she was Gurpinder Singh’s spouse.

Plaintiffs served S. Kaur with the summons and complaint by certified mail at an out-of-state address in the State of Washington. Based on the delivery date on the certified mail receipt, Defendant’s answer was due November 14, 2019. Plaintiff file a request for entry of default and default entered by the clerk of t