Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5); Motion to set aside void default and default judgment pursuant to CCP § 473(d)
26CV189337: DELUCCHI ASSOCIATES vs SILICON VALLEY AUTOSPA LTD LIABILITY CO. AKA SILICON VALLEY AUTO SPA, LLC 07/27/2026 Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) filed by Silicon Valley Autospa Ltd Liability Co. AKA Silicon Valley Auto Spa, LLC (Defendant) CRS# 803623833409 in Department 511
Tentative Ruling - 07/23/2026 Lupe Garcia
The Motion to Set Aside/Vacate Default and / or Default Judgment filed by Silicon Valley Autospa Ltd Liability Co. AKA Silicon Valley Auto Spa, LLC on 06/29/2026 is Granted.
NOTICE: All attorneys and unrepresented parties who contest the tentative ruling and request an opportunity to present their arguments at the hearing must notify all other parties of their intention to appear by telephone or in person no later than the day before the hearing, by 4:00 p.m. PT. Parties and attorneys must also formally indicate their objection on eCourt and by sending an email message to the Department 511 clerk at Dept511@alameda.courts.ca.gov. The parties and attorneys must clearly indicate in their email messages the name of the case and the case number. The tentative ruling will become the ruling of the Court if the Court has not directed oral argument by its tentative ruling and notice of a partys intent to appear is not received by the deadline. See California Rule of Court 3.1308(a)(1) and Alameda County Superior Court Local Rule 3.30(d).
The motion of Defendant Silicon Valley Autospa Ltd Liability Co. (aka Silicon Valley Auto Spa, LLC) to set aside the void default and default judgment entered on June 29, 2026, and to recall and quash the writ of possession, pursuant to CCP § 473(d), is GRANTED.
Plaintiff filed its Complaint for commercial unlawful detainer against Defendant on May 22, 2026. The property is located at 33403 Western Avenue, in Union City. Plaintiffs unlawful detainer cause of action is based on Defendants failure to pay rent in the sum of $23,067.02, pursuant to CCP §§ 1161(2) and 1161.1. Plaintiff attached a copy of the Three-Day Notice to Pay Rent or Quit to the Complaint pursuant to
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Defendant raises several arguments in support of its motion to set aside the default and default judgment. The Court does not need to reach all of the issues. Defendants first argument is that Plaintiffs proof of substitute service is facially invalid because the process server, Mark Sharp, did not execute and file an adequate declaration of diligence. See CCP § 415.20(b). Mr. Sharp states in his supporting declaration that he completed his substitute service on his first attempt to serve the summons on Defendant at the UPS Store.
Mr. Sharp states in his declaration that he identified himself to the UPS Clerk on May 26, 2026, at 2:05 p.m., and then he handed the UPS Clerk the summons and complaint when he learned that Defendant was not home. Plaintiffs service of the summons on Defendant at the UPS Store in Fremont is facially invalid because Mr. Sharp was permitted to serve Defendant by substitute service at the UPS Store on his first 26CV189337: DELUCCHI ASSOCIATES vs SILICON VALLEY AUTOSPA LTD LIABILITY CO. AKA SILICON VALLEY AUTO SPA, LLC 07/27/2026 Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) filed by Silicon Valley Autospa Ltd Liability Co.
AKA Silicon Valley Auto Spa, LLC (Defendant) CRS# 803623833409 in Department 511 visit only if Plaintiff did not know of another address where Defendant could be served. See CCP § 415.20(c). Plaintiff reasonably knew that Defendant could be served at the rental property in Union City.
Defendants first argument is without basis because Plaintiff was not required to show that it made prior attempts to serve the summons on Defendant before exercising its right to substitute service. See CCP §§ 415.20(a) and 416.10 (service of summons on corporation). The requirement that Plaintiff first make a diligent effort to personally serve the summons applies only for individual defendants. See CCP § 415.20(b). Plaintiffs proof of substitute service is nevertheless invalid, because Mr. Sharp did not comply with the requirements set forth in CCP § 415.20(c). Plaintiff had reason to know that Defendant could be served with the summons at the rental property in Union City, but apparently did not attempt to serve the company at that address before serving Mr. Shukla, as agent, at the UPS Store.
Defendants alternative motion to set aside the default and default judgment, pursuant to CCP §§ 473(b) and 473.5, is DROPPED as moot.
The default and default judgment in favor of Plaintiff against Defendant, dated June 29, 2026, is SET ASIDE. The writ of possession issued by the Clerks Office on July 9, 2026 is RECALLED AND QUASHED.
The Court will prepare the order. The court clerk will mail a copy of the order to the parties. Defendant shall file and serve the notice of entry of order no later than July 31, 2026.