Defendants Jeniffer Gutierrez and Deborah Stowe’s Amended Motion to Set Aside Default
2025CUPP054305: LOGAN MORRISEY, et al. vs JENNIFER GUTIERREZ, et al. 08/03/2026 in Department 43 Motion to Set Aside/Vacate Default
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Motion: Defendants Jeniffer Gutierrez and Deborah Stowes Amended Motion to Set Aside Default
Tentative Ruling: Defendants Jeniffer Gutierrez and Deborah Stowes unopposed Motions to Set Aside Default are DENIED.
This ruling addresses the Amended Motion to Set Aside Default which supersedes the previously filed motion.
The amended motion contains a declaration from Deborah Stowe declaring that she was not personally served with the summons and complaint, and incorrectly declaring that the proof of service filed with the court does not indicate substitute service. She does not deny that substitute service occurred. The Court suggests she was looking at the proof of personal service on Jennifer Gutierrez. The proof of substitute service for Deborah Stowe is signed by a registered process server and indicates substitute service on Deborah Stowe by service on Jennifer Guttierez. It is accompanied by a declaration of diligence and a declaration of mailing in compliance with Code
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2025CUPP054305: LOGAN MORRISEY, et al. vs JENNIFER GUTIERREZ, et al.
of Civil Procedure § 415.20. Deborah Stowe admits that she resides with Jennifer Gutierrez. A presumption of proper service is established under Evidence Code § 647.
The only evidentiary statement from Jennifer Gutierrez is in the form motion in which she states she was never served with the summons and complaint and checked the box stating she did not receive the summons and complaint until May 22, 2025. The proof of personal service on Jennifer Gutierrez is signed by a registered process server and indicates personal service on Jennifer Guttierez in compliance with Code of Civil Procedure § 415.10. Again, a presumption of proper service is established under Evidence Code § 647.
In order to rebut the presumption under Evidence Code § 647, defendants must produce credible, admissible evidence to prove they were not actually served. They have not done so. The motion is therefore denied.
Plaintiff is ordered to serve notice of the Courts ruling.
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