Bastani v. Aghabeigi CA2/8

Filed 10/30/23 Bastani v. Aghabeigi CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

MIKE BASTANI, B317157

Plaintiff and Appellant, (Los Angeles County Super. Ct. v. No. BC264973)

BIJAN AGHABEIGI et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County. Yolanda Orozco, Judge. Affirmed. Law Offices of Kenneth Gaugh and Kenneth Gaugh for Plaintiff and Appellant. Semnar & Hartman, Babak Semnar, and Jared M. Hartman for Defendants and Respondents. —————————— Plaintiff and appellant Mike Bastani appeals from an order vacating and setting aside judgments against defendants and respondents Bijan Aghabeigi and PCH Enterprises (PCH). Bastani sued Aghabeigi and PCH in 2001, and a default

judgment was entered against them in 2002. When Bastani obtained a writ of execution 19 years later, Aghabeigi, individually and as president of PCH, moved to set aside and vacate the judgments under Code of Civil Procedure1 section 473 on the grounds that he was never properly served with the summons and complaint. The trial court granted the motion and dismissed the action under section 583.210. Bastani appeals, arguing the trial court abused its discretion in granting the motion to vacate the judgment and dismissing the action. We find no abuse of discretion and affirm the order. BACKGROUND On December 31, 2001, Bastani filed a complaint against Aghabeigi and PCH, alleging various causes of action including fraud, negligent misrepresentation, and infliction of emotional distress. On March 13, 2002, Bastani filed proofs of service of summons on Aghabeigi and PCH. On the proofs of service of summons, a registered process server attested that he personally served Aghabeigi at 24508 Park Granada, No. 202, Calabasas, California on January 24, 2002. Thereafter, the clerk entered default against Aghabeigi and PCH. On November 5, 2003, the judgments were entered against Aghabeigi and PCH in the amount of $75,537.75 plus interest. On August 15, 2012, the judgments were renewed in the amount of $137,851.72. On June 17, 2021, Bastani applied for an