Defendant’s Motion to Set Aside Default Judgment.
On February 28, 2020 plaintiff/petitioner filed an action for civil harassment and requested a temporary restraining order pending the hearing on the petition. The court denied the request for a TRO on February 28, 2020.
The proof of service filed on March 9, 2020 declares that defendant/respondent was served by personal service on March 5, 2020.
The hearing date was initially set for March 20, 2020. It was continued due to the public health crisis and was finally advanced and set to commence on May 29, 2020. The March 19, April 9, and April 22, 2020 ex parte minute orders continuing the hearing were emailed to the parties. The ex parte minute orders state that the address to which the minute orders were emailed to defense counsel was robin@summitdefense.com.
The hearing on the petition commenced on May 29, 2020. Defendant did not appear. Testimony was presented and documentary evidence submitted for the court’s consideration. The court