Motion to Set Aside/Vacate Default and Judgment
plaintiff submits the declaration of Garcia with the opposition to the motion. (ROA 106.) Garcia declares plaintiff’s counsel gave him the address for service and on the day reflected on the POS, he went to the address and personally served defendant with the summons and complaint and other documents, including plaintiff’s application for a right to attach order.
Defendant’s conclusory declaration, “I was not personally served with the summons and complaint on November 20, 2025, or on any other date” and “”[n]o process server personally handed me the summons and complaint” (ROA 91) is not credible.
The court’s minute order of March 6, 2026 (ROA 29) reflects defendant was present with her daughter at the hearing on plaintiff’s application for the right to attach order. The court denied defendant’s request for a continuance of the hearing based on defendant’s representation she only learned of the action after being in China from “the end of December to the end of February.” The court noted defendant was personally served on November 20, 2025 and “the summons clearly states defendant has 30 days to file an answer” and no answer was on file at the time of the hearing.
Given defendant’s appearance at the hearing on the application for the right to attach order and the court’s comments to the defendant, the court rejects defendant’s contention she did not have actual notice of the action in time to defend. Default was not entered until March 25, 2026. Even if she could not file a responsive pleading within the time required after service of the summons and complaint, she had ample time to file a responsive pleading after the hearing where she was placed on notice by the court.
Clerk to give notice.
5 Haddadin vs. Motion to Set Aside/Vacate Default and Judgment Labella Defendant Robert LaBella’s Motion for Relief from Entry of Default is DENIED. 30-2025- 01500533-CU- Defendant has failed to establish a proper ground for FR-CJC relief from default. Defendant’s motion argues he was unable to attend a case management conference. Default was entered due to his failure to file an answer, and he has not shown his failure to file an answer was due to mistake, neglect, or inadvertence pursuant to Code of
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