Hendrix v. Farshidi

mailed to Defendant at the service address on or about April 22, 2025 . . . .” (Carr Decl., ¶ 4.)

However, the declaration does not state that a notice of entry of default or notice of entry of default judgment were sent to Defendant. For example, the declaration fails to identify what documents were included in the “default judgment packet.”

Further, the declaration does not indicate if the documents were properly served (as opposed to just mailed) on the Defendant.

Finally, it is not clear that Plaintiff’s Counsel has the personal knowledge or foundation to testify to this fact. The declaration does not include information about who mailed the default judgment packet and how they mailed it, nor does it include a proof of service for the default judgment packet.

For this reason, Plaintiff had until “two years after entry of a default judgment” to file and serve his motion to set aside default.

Judgment was entered against Defendant on May 6, 2025, so that this motion had to filed and served by May 6, 2027. (See ROA #14.)

Defendant filed the instant motion on March 4, 2026, so that it is timely.

Therefore, the court will grant the motion to set aside and allow Defendant to file his answer.

A stay of enforcement of the Default Judgment is unnecessary because the court will vacate the Default Judgment.

Defendant shall give notice of this ruling.

8 Hendrix vs. Farshidi Motion for Summary Judgment

Defendants Farnoosh Farshidi, M.D.’s and 30-2025-01451171 Farnoosh Farshidi, M.D. Inc.’s Motion for Summary Judgment is taken OFF CALENDAR pursuant Defendants Farnoosh Farshidi, M.D. and Farnoosh Farshidi, M.D. Inc.’s Notice of Taking Motion For Summary Judgment Off Calendar filed June 4, 2026 (ROA #49).