Sarkissian v. Karamian CA2/4

Filed 2/25/15 Sarkissian v. Karamian CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

GAYANE SARKISSIAN, B255000

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC441157) v.

HASMIK KARAMIAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Suzanne G. Bruguera, Judge. Reversed and remanded with directions. Der-Parseghian Law Group and Mary Der-Parseghian for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Hasmik Karamian appeals from an order denying her motion to vacate and set aside a default judgment. She contends the trial court erred in denying her motion on the ground that she failed to file an answer. We conclude that the trial court failed to properly exercise its discretion. Accordingly, we reverse and remand to the trial court to consider appellant’s motion to vacate and set aside the default judgment. PROCEDURAL HISTORY On July 7, 2010, respondent Gayane Sarkissian filed a complaint against appellant, alleging that appellant had purchased real property with funds provided by respondent’s late husband. The complaint alleged that the funds were community property, and sought return of the funds and other damages. The proof of service of the summons and complaint attested that appellant was served by substitute service. Susan S. Georgino declared under penalty of perjury that she served the documents at 1935 Alpha Road, #202, Glendale, California, 91208, on “Arkanian Dhik,” a co-occupant, 55-year-old, 5’8” Armenian male with black hair. Respondent sought a default judgment against appellant in the amount of $88,075. She obtained entry of default on October 28, 2010. After a civil default prove-up hearing, the court entered a default judgment in the amount of $40,453 on October 18, 2012. On October 21, 2013, appellant moved to vacate and set aside the default judgment, contending that the entry of default and default judgment were void for lack of personal jurisdiction. In her motion, appellant asserted that she was never served with the summons and complaint. Appellant sought to vacate and set aside the default judgment as void under Code of Civil Procedure section 473,