Defendant’s Motion to Set Aside Default.
On April 2, 2019 plaintiff filed an action for breach of contract/lease and a common count for services performed at defendant’s special instance and request. The proof of service filed on September 6, 2019 declares that defendant was served by substituted service at defendant’s business. Default was entered on September 6, 2019. On September 23, 2019 a default judgment was entered against defendant in the amount of $20,476.64.
Approximately 5 months after entry of default defendant filed the instant motion on February 4, 2020. Defendant moves to vacate the default and default judgment pursuant to the provisions of Code of Civil Procedure, § 473(b) on the grounds of excusable mistake and neglect. Defendant contends he was served by substituted service of a receptionist at the address where the corporation rents out virtual office space; the corporation’s business mail is typically sent to the defendant corporation’s president’s/agent for service
Hearing Date
June 15, 2020
Type
BREACH OF CONTRACT - LIMITED
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Defendant’s Motion to Set Aside Default.
On April 2, 2019 plaintiff filed an action for breach of contract/lease and a common count for services performed at defendant’s special instance and request. The proof of service filed on September 6, 2019 declares that defendant was served by substituted service at defendant’s business. Default was entered on September 6, 2019. On September 23, 2019 a default judgment was entered against defendant in the amount of $20,476.64.
Approximately 5 months after entry of default defendant filed the instant motion on February 4, 2020. Defendant moves to vacate the default and default judgment pursuant to the provisions of Code of Civil Procedure, § 473(b) on the grounds of excusable mistake and neglect. Defendant contends he was served by substituted service of a receptionist at the address where the corporation rents out virtual office space; the corporation’s business mail is typically sent to the defendant corporation’s president’s/agent for service