Brot Gross Fishbein LLP v. Taverniti
Default Judgment Packet
Motion type
Causes of action
Parties
Ruling
The Motion is GRANTED as to the following requests: As to Reyes, SROGs, Set Three, Nos. 2-3, 5, 7-16, and 18; and RPDs, Set Three, Nos. 1-4, 7-9, and 13-15. As to My 6 Angeles, SROGSs Nos., 1-9, 14, 19-21; and RPDs Nos., 1-6, 12-13, 15-16, 18-19, and 22. Defendants are to provide verified further responses to the specified requests within 30 days of this order. Moving party is to give notice of ruling.
Case No. |
| Case Name: | Brot Gross Fishbein LLP v. Taverniti | Hearing Date: | August 18, 2026 | | Defaulting defendant(s) | BENJAMIN MARTIN ANTOINE TAVERNITI | TENTATIVE RULING: On February 26, 2026, Plaintiff Brot Gross Fishbein LLP ("Plaintiff") filed the instant action against Defendant Benjamin Martin Antoine Taverniti ("Defendant") and Does 1-10, alleging causes of action for Breach of Written Contract, Indebitatus Assumpsit, Account Stated, Open Book Account, and Quantum Meruit. (Compl.) On April 17, 2026, Plaintiff filed Proof of Service demonstrating the Summons and Complaint was served on Defendant by substituted service. On July 14, 2026, default was entered against Defendant. On August 4, 2026, Does 1-10 were dismissed.
As an initial matter, the Court finds default was improperly entered in this matter. There are multiple defects with the Proof of Service of the Summons and Complaint filed in this matter, including ambiguity as to whether the service address is a business or residential address and, if the address is a residential address, inadequate showing of due diligence. On its own motion, the Court finds the entry of default in this matter is Void for the aforementioned reasons. (Code Civ. Proc., Sec. 473, subd. (d).)
Based on the foregoing, the Default Judgment Packet is DENIED. The default entered on July 14, 2026 is STRICKEN. The Court continues the Order to Show Cause Re: Default and the Order to Show Cause Re: Default Judgment to October 19, 2026, at 8:30 a.m. The Court sets an Order to Show Cause Re: Failure to File Proof of Service for October 19, 2026 at 8:30 a.m. Moving party is to give notice. | Home -->)" -->
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