Paul Brown et al. vs Everett Hunter et al.

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 12 Honorable Nahal Iravani-Sani, Presiding Courtroom Clerk, Ryan Nguyen 191 North First Street, San Jose, CA 95113 Telephone: (408) 882-2230

DATE: 07/22/2026 TIME: 9:00 A.M. and 9:01 A.M.

LINE # CASE # CASE TITLE RULING LINE 1 20CV366852 Paul Brown et al. MOTION TO SET ASIDE vs Everett Hunter et al. Defendant moves to set aside the default and default judgment on the ground that he was never served with the summons and complaint. A proof of service complying with the statutory requirements has been filed with the Court, dated August 19, 2020. A facially valid proof of service creates a rebuttable presumption that service was properly effected. (Evid. Code § 647; Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal. App 4th 879; Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1441- 1442.)

Defendant's declaration merely denies having been served. Such a bare denial, standing alone, is generally insufficient to overcome the presumption arising from a valid proof of service. Defendant presents no corroborating evidence demonstrating that service could not have occurred as reflected in the proof of service

The Court finds that Defendant has failed to rebut the presumption of valid service. Accordingly, Defendant has not established that the default or default judgment is void for lack of personal jurisdiction.

To the extent Defendant seeks discretionary relief under Code of Civil Procedure section 473, no showing of mistake, inadvertence, surprise, or excusable neglect has been made that would warrant relief.

The Court notes Defendant did not file proof of service of this motion itself, reflecting noncompliance with applicable procedural requirements; while not jurisdictional, this further underscores the inadequacy of the present showing.

Accordingly, the Defendant’s Motion to Set Aside the Default Judgment is DENIED.