CAPITAL ONE BANK (USA), NA v. DEDRICK WEATHERSBY

Case No. CL24-08020

Motion for Entry of Judgment Under Terms of Stipulated Settlement

Reflecting due process concerns, service of a motion affecting the rights of a defendant who has not appeared in an action typically is required to be made in the same manner as required for service of summons and complaint. (See, e.g., applications for writs of attachment [Code Civ. Proc, § 482.070, subd. (d)]; applications for writs of possession [Code Civ. Proc., § 512.030, subd. (b)].) Defendant filed no responsive pleading in this action identifying an address of record. The court is not satisfied that the mailing address Plaintiff used for service of notice of motion is a good way to reach Defendant. The stipulation for entry of judgment does not list an address for Defendant. The court particularly notes that the address used for personal service of summons and complaint is not the address used for service of notice of motion.

The court denies this motion without prejudice due to the above-stated issues. Plaintiff is advised to effect service of future motion papers on Defendant in a manner authorized for service of summons and complaint, at least sixteen court days prior to the continued hearing date.

ANGEL v. INTERIOR SPECIALISTS, INC., et al.