Motion to Vacate and Set Aside Judgment
self-serving and uncorroborated declaration to support his assertion that service was never accomplished; this is insufficient to overcome the presumption of valid service in this instance.
CV-25-000998 - ALBERTO, MONICA vs GARCIA, RUBEN - a) P laintiff's Motion to Compel Reponses from Defendant to Form Interrogatories and for Monetary Sanctions Against Defendant for Misuse of the Discovery Process - DENIED. b) P laintiff's Motion to Compel Reponses from Defendant to Requests for Production of Documents and for Monetary Sanctions Against Defendant for Misuse of the Discovery Process - DENIED.
a) The Court notes that the instant motion is brought under the wrong Code section, as Code Civ. Proc. Sec. 2030.290 addresses the situation where no responses are received, and Plaintiff concedes that timely verified responses were served on 2-10-26. Therefore,. Therefore, it appears that the motion should have been brought pursuant to Code Civ. Proc. Sec. 2030.300, and Plaintiff's request for an order finding objections waived and/or entering Defendant's default is improper under the circumstances. The Court further notes that the dispute herein has been rendered MOOT by Defendant's service of verified amended responses on 4-8-26.
b) The Court notes that the instant motion is brought under the wrong Code section, as Code Civ. Proc. Sec. 2031.300 addresses the situation where no responses are received, and Plaintiff concedes that timely verified responses were served on 2-10-26. Therefore, it appears that the motion should have been brought pursuant to Code Civ. Proc. Sec. 2031.310, and Plaintiff's request for an order finding objections waived and/or entering Defendant's default is improper under the circumstances. The Court further notes that the dispute herein has been rendered MOOT by Defendant's service of verified amended responses on 4-8-26.
CV-26-000780 - CHAHAL, NAHAR SINGH vs NEWREZ LLC - Defendant's Demurrer to Complaint - CONTINUED, on the Court's own motion, to August 11, 2026 at 8:30 a.m. in Department 23. The Court requires more time to review this matter. In the meantime, the parties, through counsel, are instructed to continue meet-and-confer efforts in an attempt to narrow and/or resolve the issues presented herein. Defense counsel shall file a supplemental declaration with regard to such efforts and the results thereof no later than August 4, 2026.
UD-26-000355 - CHAVEZ FAMILY TRUST vs WRIGHT, SHAUN - Motion to Set Aside Default and Default Judgment - HEARING REQUIRED. The Court questions whether the moving papers were properly served on Plaintiff's counsel in connection with the instant hearing, in view the absence of a formal proof of service from Defendant as well as the absence of opposition from Plaintiff. Assuming the papers were properly served, the parties shall appear and be prepared to address the issue of the discrepancy in the property address in the 3-Day Notice and the potential actions available to the Court and the parties as a result, given that possession has already been returned to Plaintiff and Defendant concedes that he no longer uses the property for business purposes as of October 2025.
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UD-26-000418 - CHAHAL, HARJIT SINGH vs ESTELL, KARL, Sr - Motion to Vacate and Set Aside Judgment - HEARING REQUIRED. The Court is inclined to DENY the motion, as relief pursuant to Code Civ. Proc. Sec. 473(b) is not available after the matter has been litigated on the merits, and Defendants have failed to demonstrate grounds for their argument that the judgment herein is void. In addition, the Court notes that Defendants' pleadings, including the instant motion, consistently violate the requirements of Cal. Rules of Ct., rule 2.108 with regard to the formatting of papers submitted to the Court. Defendants are reminded that they are not entitled to special consideration based on their self-represented status and are responsible for following the rules of procedure in the same manner as an attorney practicing before this Court. (ViaView, Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 208.)
The following are the tentative rulings for cases calendared before Judge David Hood in Department 24: ***There are no tentative rulings in Department 24***