Plaintiff’s Motion to Vacate Order Setting Aside Default; Defendant’s Motion to Continue
LAW AND MOTION CALENDAR AUGUST 14, 2026
3. STEPHENS v. LAUB LAW PLCC, ET AL., 25CV1050
Plaintiff’s Motion to Vacate Order Setting Aside Default
On May 15, 2026, the court granted defendant Law Firm of Laub & Laub’s
(“defendant”) motion to set aside default. On June 9, 2026, plaintiff Jon C. Stephens
(“plaintiff”) filed the instant motion to vacate said order.
On August 11, 2026, defendant filed an untimely opposition, as well as a motion to
continue the instant hearing, claiming plaintiff’s motion did not include a proof of
service. On August 12, 2026, plaintiff filed an opposition to defendant’s motion to continue.
The court finds that defendant’s argument in support of its motion to continue is
unpersuasive. Proof of service filed June 15, 2026, shows plaintiff personally served the
motion upon defendant on June 11, 2026.
Turning to plaintiff’s motion to vacate, plaintiff claims defendant lacked capacity to
file its March 4, 2026, motion to set aside default because its legal status as a
professional corporation has been suspended or forfeited since 2015.1 Notably,
plaintiff’s third amended complaint (“TAC”) names “Law Firm of Laub & Laub, a
Professional Corporation (Entity No. 2642007), Suspended California Foreign
Corporation.” This shows plaintiff was aware of the fact that the professional
corporation was allegedly suspended at the time plaintiff filed his TAC.
Although not expressly cited by plaintiff, Code of Civil Procedure section 473, subdivision (d) authorizes the court, upon motion, to “set aside any void judgment or
order.” (Code Civ. Proc., § 473, subd. (d).)
In its March 4, 2026, motion to set aside, defendant identified itself as “Law Firm of
Laub & Laub.” Defendant’s proposed answer, attached to the March 4, 2026, motion to
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set aside, does not clearly state that defendant was erroneously sued under a
1 Specifically, the California Secretary of State’s website indicates that the Law Firm of
Laub & Laub, PC, is a forfeited entity. (Evid. Code, § 452, subd. (h).)
LAW AND MOTION CALENDAR AUGUST 14, 2026
misnomer.2 However, that is the implication where defendant identified itself as “Law
Firm of Laub & Laub.” Defendant has not identified itself to the court as a corporation
and the name it has used to appear in this case does not include the term,
“corporation.” A business is not required to operate under a corporate legal status. (See,
Civ. Code, § 1798.140, subd. (d).)
Based on the above, plaintiff has not demonstrated that the court’s May 15, 2026,
order is void on the basis of defendant having a suspended or forfeited corporate legal
status.
TENTATIVE RULING # 3: DEFENDANT’S MOTION TO CONTINUE THE INSTANT HEARING
IS DENIED. PLAINTIFF’S MOTION TO VACATE THE COURT’S MAY 15, 2026, ORDER
SETTING ASIDE DEFAULT IS DENIED. THE COURT, ON ITS OWN MOTION, ORDERS
DEFENDANT LAW FIRM OF LAUB & LAUB TO FILE AND SERVE A NOTICE OF MISNOMER
NO LATER THAN SEPTEMBER 4, 2026. ALTERNATIVELY, THE COURT ORDERS
DEFENDANT LAW FIRM OF LAUB & LAUB TO FILE AND SERVE A DECLARATION
IDENTIFYING ITS CORRECT ENTITY NAME AND CORPORATE LEGAL STATUS NO LATER
THAN SEPTEMBER 4, 2026.
NO HEARING ON THIS MATTER WILL BE HELD (LEWIS v. SUPERIOR COURT (1999) 19
CAL.4TH 1232, 1247), UNLESS A NOTICE OF INTENT TO APPEAR AND REQUEST FOR
ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY TELEPHONE TO THE COURT AT (530) 573-3042 BY 4:00 P.M. ON THE
DAY THE TENTATIVE RULING IS ISSUED. NOTICE TO ALL PARTIES OF AN INTENT TO
APPEAR MUST BE MADE BY TELEPHONE OR IN PERSON. PROOF OF SERVICE OF SAID
2 In fact, the body of the answer does not reference defendant. The body of the answer
only references co-defendant Joe Laub. The caption of the proposed answer, as well as the signature line of the proposed answer, however, both reference defendant “Law Firm of Laub & Laub.”
LAW AND MOTION CALENDAR AUGUST 14, 2026
NOTICE MUST BE MADE BY TELEPHONE OR IN PERSON. PROOF OF SERVICE OF SAID
NOTICE MUST BE FILED PRIOR TO OR AT THE HEARING.