MOTION TO SET ASIDE DEFAULT JUDGMENT
June 23, 2026 Law and Motion Calendar PAGE 52 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________
2:00 PM LINE 21 26-UDL-00441 T. ANNE LASSAHN VS. JOANNE STILES
T. ANNE LASSAHN COREY M. POLLAK JOANNE STILES
MOTION TO SET ASIDE DEFAULT JUDGMENT
TENTATIVE RULING:
The court GRANTS defendant Joanne Stiles’ motion for relief from default.
Plaintiff T. Anne Lassahn correctly objects that defendant failed to provide the statutory notice. If plaintiff wishes more time to file a further opposition, she should properly contest the tentative ruling and the court will continue the hearing and allow plaintiff to file another opposition. Since plaintiff has also filed a substantive objection, the court will issue a tentative ruling based upon the arguments made.
Plaintiff’s request for judicial notice is granted. However, such notice is limited to the existence and content of the documents and not the truth of the matters asserted in the documents. (Dominguez v. Bonta (2022) 87 Cal.App.5th 389,400.)
The first issue is whether defendant was personally served as stated by the registered process server’s declaration. There is a presumption that there is proper service when there is a registered process server’s return. (Code Civ. Proc., § 647.) Once shown, the burden shifts to the party challenging service to produce evidence that service did not occur as stated. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390.). The presumption can be rebutted by a declaration credited by the court. (Fernandes v.
Singh (2017) 16 Cal.App.5th 932, 941 citing
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Plaintiff argues that defendant had actual notice of the service of summons and thus default is proper. However, she had actual notice of service by posting, which provided her additional time to file a response. The posting is complete the tenth day after posting and mailing. (Code Civ. Proc., § 415.45, subd. (c).) An answer must be filed within ten days after service of the summons and complaint, but that period excludes Saturdays, Sundays, and other court holidays. (Code Civ. Proc., § 1167, subd. (a).) There is no proof of service by mail to start the running of the ten days. Thus when defendant tried to file her answer on May 26, 2026, her answer was timely.
June 23, 2026 Law and Motion Calendar PAGE 53 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________
Plaintiff has attached a proposed answer to her declaration as Exhibit A, a required element for relief from default. The answer is not deemed filed but shall be filed and served within five days of notice of entry of default.
The court also finds that defendant is entitled to relief under Code of Civil Procedure section 473, subdivision (b) that her failure to file her answer was on the basis of mistake, inadvertence, surprise or excusable neglect. Even if she was personally served, her belief, which the court credits, that she was served by posting, the failure of mailing of the summons and complaint to start the time to answer running, and her diligence on attempting to file an answer on May 26, 2026 support the court’s finding.
The law strongly favors trial and disposition on the merits and any doubts in applying section Code of Civil Procedure section 473 must be resolved in favor of the party seeking relief from default. (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 24.)
If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, defendant shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.
POSTED: 3:00 PM