MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND
Set for Law and Motion/Discovery Calendar on Monday, August 10, 2026, Line 9.
Defendants Martin Biallas and SEE Global Entertainment Inc.'s motion to set aside their defaults is denied. The court credits the proofs of service of summons filed by plaintiff Eventbrite, Inc. on April 24, 2026 and June 10, 2026 which are signed under penalty of perjury by registered process server Alfredo Paz and Paz's declaration filed with the opposition papers to this motion, all of which show that both defendants were properly served with substitute service. The court finds that the defendants maintain an office at 5455 Wilshire and at that office there is an agent or independent contractor of defendants with the first name Michael who believed he was authorized to accept service of documents on behalf of defendants and so informed Paz.
The court further finds that defendants had the ability to submit a declaration from Michael and did not do so. The court further finds that the declarations of Biallas are carefully worded and evasive in that the first one states that Biallas maintains a residence in California and then states that his residence is in Germany and Panama and neither declaration refutes that a person named Michael is an agent or independent contractor for either or both defendants or that Michael stated to Paz that Michael could and would accept service of documents on behalf of defendants
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HEK) | |
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