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.
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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].)
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