Motion to Set Aside Default and Default Judgment
2025CLCL044268: VELOCITY INVESTMENTS, LLC vs JEFFREY CLIETT 06/15/2026 in Department 20 Motion to Set Aside Default and Default Judgment
Defendant Jeffrey Clietts Motion to Set Aside Default and Default Judgment
Tentative: Defendant Jeffrey Clietts unopposed Motion to Set Aside Default and Default Judgment is GRANTED. Defendant has set forth sufficient evidence to overcome the rebuttable presumption of valid service under Evidence Code section 647. (See Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 421 [Rebuttable presumption of facially valid proof of service is dispelled by contradicting evidence].) Likewise, he has established that he did not receive notice of this action in time to defend it. (Cliett Dec., ¶¶ 3-8.) (See American Exp. Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390) The Court determines that Defendant has shown that he is entitled to relief from default and default judgment. (Code Civ. Proc.§ 473, subd. (d).)
The default entered on September 12, 2025, and the judgment entered on September 19, 2025, are VACATED.
Defendant seeks leave to file the Proposed Answer attached as Exhibit 2 to the Declaration of Ian Chowdhury. Defendant is granted leave to file and serve said Answer on or before June 25, 2026.
Case Management Conference
A mandatory Case Management Conference is scheduled for September 17, 2026, at 8:35 a.m. Parties are ordered to file their CMC statements fifteen days in advance. (Rule of Court 3.725.)
Defendant shall provide notice.
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