Motion to Set Aside Default and Default Judgment
# Case Name Tentative
emotional distress damages. But in Young v. Bank of America, (1983) 141 Cal.App.3d 108, 114, the court held that damages for pain, suffering, and emotional distress are general damages which need not be specifically pleaded in the prayer for relief. In other words, emotional distress allegations in the body of the complaint can support recovery even without a corresponding prayer.
Plaintiff shall file an amended complaint, if any, within ten days of this order.
The case management conference is continued to January 25, 2027 at 9:00 a.m. in Department C28.
Defendant shall give notice of this ruling.
53.
54. Williams v. Defendant The Procter & Gamble Company’s Motion to Set Allegis Aside Default and Default Judgment is GRANTED. (Code Civ. Group, Inc. Proc. §473, subd. (d).)
2023- Moving Defendant has shown that valid service of process was 01330124 not achieved over it, so any ensuing default and/or default judgment is void.
The default judgment entered on 11/12/25 is hereby VACATED.
Moving Defendant’s default entered on 6/6/24 is hereby SET ASIDE.
The case management conference is scheduled for January 25, 2027 at 9:00 a.m. in Department C28.
Defendant Procter & Gamble shall provide notice.
55. Hussien v. Specially appearing defendants Hidalgo Daniel Alonso and Alonso Patricia Hildalgo’s motion to quash service of summons is GRANTED. (Code Civ. Proc., § 418.10, subd. (a) [authorizing 2025- motion]; Dill v. Berquist Const. Co., Inc. (1994) 24 01534468 Cal.App.4th 1426, 1439 [proper service of summons is required for the court to obtain jurisdiction over a defendant]; Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710 [plaintiff has burden of proof to demonstrate jurisdiction is proper].)
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Moving parties’ evidence is sufficient to rebut any presumption of proper service established by the proofs of service of the summons and complaint filed by plaintiff in this action (ROA 10, 12). (Evid. Code, § 647 [“The return of a process server registered pursuant to Chapter 16 (commencing with Section