JP MORGAN CHASE BANK, N.A. v. CATO
Motion to Vacate Dismissal and Enter Judgment
Motion type
Parties
Ruling
Case No. CL25-04809
Motion to Vacate Dismissal and Enter Judgment filed by Plaintiff
The court finds that service by mail of plaintiff’s motion to vacate the dismissal and enter judgment is inadequate. Reflecting due process concerns, service of a motion affecting the rights of a defendant who has not appeared in an action, such as defendant CATO in the present case, is typically required to be made in the same manner required for service of summons and complaint. (See, e.g., an application for writ of attachment under C.C.P. §482.070(d) and an application for writ of possession under C.C.P. §512.030(b)). Plaintiff did not serve the motion in this manner.
Therefore, the court continues plaintiff’s motion to August 7, 2026, at 9:00 a.m. in Department 3 to give plaintiff an opportunity to properly serve the motion at least 16 days before the hearing.
SHORELINE SHOPPING CENTER, LLC v. DEAN ANDREW PICK, et al.
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