Gray, Bobby Dean III v. Foster, Steven

Mr. Hill filed proof of service of summons showing substitute service was conducted by an unregistered process server on June 12, 2024, at 1553 Montrose Lane, Lincoln, CA 95648. The person who accepted service was identified as “Ms. Angelina Rey; Mother.” However, Ms. Acosta filed a declaration with her motion stating she does not reside or receive mail at 1553 Montrose Lane, Lincoln, CA 95648. (See Mot. Set Aside, Exh. 2.)

Mr. Hill filed proof of service with the court stating an unregistered process server personally served the Third Amended Complaint on Ms. Acosta at 1553 Montrose Lane, Lincoln, CA 95648 on April 17, 2025. Ms. Acosta asserts in her declaration that she was not present at that location on the date in question. She states she was attending her nephew’s baptism in the state of Washington with her husband and other family. (See Mot. Set Aside, Exh. 2.)

Having read and considered the pleadings, the court finds proper service was not effectuated in this case. Ms. Acosta’s motion is granted pursuant to Code of Civil Procedure section 473.5(a). The default, default judgment, and amended default judgment entered against her on June 9, 2025, August 12, 2025, and August 29, 2025, respectively, are hereby set aside. Ms. Acosta shall file and serve her answer to the Third Amended Complaint by August 28, 2026.

8. S-CV-0053983 Gray, Bobby Dean III v. Foster, Steven

If oral argument is requested, it will be heard in Department 32 by the Honorable Trisha J. Hirashima.

Plaintiff is advised the notice of motion must include notice of the court’s tentative ruling procedures. (Local Rule 20.2.3(C).)

Amended Motion for Leave to File a Fourth Amended Complaint (“4AC”)

Plaintiff moves for an order granting leave to file a fourth amended complaint to add and delete various factual allegations and to add a defendant. Plaintiff initially filed this motion for leave on April 3, 2026 and then filed an amended motion on May 12, 2026. While defendants filed an opposition on August 5, 2026, defense counsel has since notified the court that due to defense counsel’s inadvertence, defendants’ August 5, 2026 opposition was in response to plaintiff’s April 3, 2026 motion rather than the amended May 12, 2026 motion. Defendants’ request for leave to file an opposition to the amended motion is granted.

The court continues the hearing on the amended motion for leave to file a 4AC to September 22, 2026 at 8:30 a.m. in Department 32. Defendants shall file and serve their supplemental opposition by September 9, 2026. Plaintiff shall file and serve his supplemental reply by September 15, 2026.

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