| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Set Aside Void Default Judgment For Lack Of Personal Jurisdiction; Dismiss Case Pursuant To C.C.P. Section 583.210
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC16550717 - June 18, 2025 Hearing date: June 18, 2025 Case number: CGC16550717 Case title: ABRAHIM KARADSHE VS. SHERIN SAYED MOHAMED ABDELWAHAB ET AL Case Number: | | CGC16550717 | Case Title: | | ABRAHIM KARADSHE VS. SHERIN SAYED MOHAMED ABDELWAHAB ET AL | Court Date: | | 2025-06-18 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To: 1. Set Aside Void Default Judgment For Lack Of Personal Jurisdiction; And 2. Dismiss Case Pursuant To C.C.P. Section 583.210; And Memorandum Of Points And Authorities In Support | Rulings: | | Matter on the Law & Motion / Discovery calendar for Wednesday, June 18, 2025, Line 3. DEFENDANT SHERIN ABDELWAHAB's Motion To: 1. Set Aside Void Default Judgment For Lack Of Personal Jurisdiction; And 2. Dismiss Case Pursuant To C.C.P. Section 583.210.
Defendant's motion to vacate the default entered on July 10, 2017, and the default judgment entered on June 29, 2022, is granted.
Plaintiff personally served defendant with a copy of the summons and complaint in Egypt on April 19, 2016. (Davis Decl., Ex. 2.) Such service is defective. It is undisputed that Egypt is a member of the Hague Service Convention, the service needed to be effectuated through Egypt's Central Authority (Ministry of Justice), and such service did not occur. (Defendant's points and authorities, 4:19-27.) The court takes judicial notice of the cited websites regarding Hague Convention service. (Evidence Code section 452(h).) "Failure to comply with the Hague Service Convention procedures voids the service even though it was made in compliance with California law. [citations] This is true even in cases where the defendant had actual notice of the lawsuit." (Kott v.
Sup. Ct. (1995) 45 Cal.App.4th 1126, 1136.) Plaintiff's proof of service facially discloses defective service. Therefore, the default and default judgment are void on their face and the court can vacate them at any time. (See Calvert v. Al Binali (2018) 29 Cal.App.5th 954, 960; Yeung v. Soos (2004) 119 Cal.App.4th 576, 582.) Defendant convincingly demonstrates that she is the person who is actually bringing this motion and it logically makes sense that she would seek to vacate-rather than maintain-the default judgment. (Abdelwahab Decl.)
The court therefore vacates the default and default judgment.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Defendant's motion to dismiss is granted. Plaintiff filed this action on March 1, 2016, and failed to effectuate service within 3 years of that date. Dismissal is mandatory. (CCP 583.210; CCP 583.250; County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1234 [dismissal mandatory where service not effectuated within 3 years].)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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 contestdept301tr@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 or Discovery 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. =(301/JMT) | |