On 08/07/2020 SADDLETREE RANCH HOMEOWNERS ASSOCIATION filed a Contract - Business lawsuit against GERALD EKPE. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.
*******6628
08/07/2020
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
SADDLETREE RANCH HOMEOWNERS ASSOCIATION
EKPE GERALD
MEDIONI DANIEL
2/8/2021: Minute Order - Minute Order (Hearing on Motion to Quash Service of Summons)
10/13/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
10/20/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
10/21/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
10/22/2020: Notice of Lis Pendens - Notice of Lis Pendens
12/1/2020: Motion to Set Aside/Vacate Judgment - Motion to Set Aside/Vacate Judgment
8/7/2020: Summons - Summons on Complaint
8/7/2020: Complaint - Complaint
8/7/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
8/7/2020: First Amended Standing Order - First Amended Standing Order
8/7/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing08/11/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing02/04/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
Hearing04/12/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Quash Service of Summons
DocketHearing on Motion to Quash Service of Summons scheduled for 04/12/2021 at 10:30 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Hearing on Motion to Quash Service of Summons)
DocketOn the Court's own motion, Hearing on Motion to Quash Service of Summons scheduled for 02/08/2021 at 09:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 04/12/2021 10:30 AM
DocketHearing on Motion to Quash Service of Summons scheduled for 02/08/2021 at 09:00 AM in Spring Street Courthouse at Department 25
DocketMotion to Set Aside/Vacate Judgment; Filed by: GERALD EKPE (Defendant)
DocketUpdated -- Proof of Service by Substituted Service: As To Parties changed from GERALD EKPE (Defendant) to GERALD EKPE (Defendant)
DocketNotice of Lis Pendens; Filed by: SADDLETREE RANCH HOMEOWNERS ASSOCIATION (Plaintiff)
DocketDefault entered as to GERALD EKPE; On the Complaint filed by SADDLETREE RANCH HOMEOWNERS ASSOCIATION on 08/07/2020
DocketProof of Service by Substituted Service; Filed by: SADDLETREE RANCH HOMEOWNERS ASSOCIATION (Plaintiff); As to: GERALD EKPE (Defendant); Proof of Mailing Date: 08/26/2020; Service Cost: 70.00; Service Cost Waived: No
DocketComplaint; Filed by: SADDLETREE RANCH HOMEOWNERS ASSOCIATION (Plaintiff); As to: GERALD EKPE (Defendant)
DocketSummons on Complaint; Issued and Filed by: SADDLETREE RANCH HOMEOWNERS ASSOCIATION (Plaintiff); As to: GERALD EKPE (Defendant)
DocketCivil Case Cover Sheet; Filed by: SADDLETREE RANCH HOMEOWNERS ASSOCIATION (Plaintiff); As to: GERALD EKPE (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNon-Jury Trial scheduled for 02/04/2022 at 08:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/11/2023 at 08:30 AM in Spring Street Courthouse at Department 25
DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse
Case Number: 20STLC06628 Hearing Date: February 08, 2021 Dept: 25
HEARING DATE: Mon., February 8, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Saddletree Ranch HOA v. Ekpe COMPL. FILED: 08-07-20
CASE NUMBER: 20STLC06628 DEFAULT: 10-20-20
NOTICE: OK TRIAL DATE: 02-04-22
PROCEEDINGS: MOTION TO SET ASIDE VOID DEFAULT
MOVING PARTY: Defendant Gerald Ekpe
RESP. PARTY: None
MOTION TO SET ASIDE/VACATE DEFAULT
(CCP § 473(d); 473.5)
TENTATIVE RULING:
Defendant Gerald Ekpe’s Motion to Set Aside Void Default is CONTINUED TO APRIL 12, 2021 AT 10:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.
SERVICE:
[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK
[X] Correct Address (CCP §§ 1013, 1013a) OK
[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK
OPPOSITION: None filed as of February 4, 2021 [ ] Late [X] None
REPLY: None filed as of February 4, 2021 [ ] Late [X] None
ANALYSIS:
Background
On August 7, 2020, Plaintiff Saddletree Ranch Homeowners Association (“Plaintiff”) filed an action for breach of covenants, quantum meruit, account stated, and to foreclose lien against Defendant Gerald Ekpe (“Defendant”). Default was entered against Defendant on October 20, 2020.
On December 1, 2020, Defendant filed the instant Motion to Set Aside Void Default (the “Motion”). To date, no opposition has been filed.
Legal Standard
“A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action. The form of a summons is prescribed by law, and this form must be substantially observed. [Citation.] Service of a substantially defective summons does not confer jurisdiction over a party [citation] and will not support a default judgment. [Citation.]” (MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 557.) “Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void.’ [Citation.]” (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 858, emphasis added.)
A trial court has the inherent power to set aside a judgment void on its face at any time. (Connelly v. Castillo (1987) 190 Cal.App.3d 1583, 1588.) When considering the facial validity of ta judgment, the Court may only consider the contents of the judgment roll. (OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318, 1327 (holding that “[t]o prove that the judgment is void, the party challenging the judgment is limited to the judgment roll, i.e., no extrinsic evidence allowed.”).) If the judgment is not void on its face, the time limitations of Code of Civil Procedure section 473.5 apply. (Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180-81; Schekel v. Resnik (1994) 27 Cal.App.4th Supp. 1, 3-4 (“[t]he Rogers court held that the time limitation set forth in Code of Civil Procedure section 473.5 applies by analogy to motions for relief from default judgment valid on its face but otherwise void for improper service” [citing Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1124.]).)
Discussion
Plaintiff filed a proof of service on October 13, 2020 purporting to show that Defendant was substitute served on August 26, 2020 at 16133 Filbert Street, Sylmar CA 91342 (the “Filbert Address”). (10/13/20 Proof of Service.) The documents were left with Sarah Jeredini and were thereafter mailed to the Filbert Address. (Id.) This proof of service is valid on its face.
If the summons and complaint cannot be personally delivered with reasonable diligence, then a copy may be served at the person’s “dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box…who shall be informed of the contents thereof and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid, to the person to be served…” (Code Civ. Proc., § 415.20, subd. (b).)
Defendant provides only his declaration stating that he was not served with the Summons and Complaint, in person or by mail, because he does not live at the Filbert Address and that for the past eight years, he has resided at No. 17 Abakiliki Road GRA, Enugu, Nigeria. (Mot., Ekpe Decl., ¶¶ 1-3.) He further states that Sarah Jeredini is not a member of his family or household. (Id.) However, the Court finds this insufficient. Defendant did not include any corroborating documentary evidence with his Motion. Thus, Defendant is ordered to file and serve supplemental papers demonstrating the Filbert Address was not his place of residence or usual mailing address on August 26, 2020.
Conclusion & Order
For the foregoing reasons, Defendant Gerald Ekpe’s Motion to Set Aside Void Default is CONTINUED TO APRIL 12, 2021 AT 10:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next hearing, Defendant must file and serve supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.
Moving party is ordered to give notice.
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