CHRISTOPHER SMOAK VS. SHULIKA BENZES ET AL

Real Property/Housing Court Law and Motion Calendar for August 26, 2026. Line 4. DEFENDANT SHULIKA BENZES, INDIVIDUALLY AND AS TRUSTEE OF THE SHULIKA BENZES LIVING TRUST Notice Of Motion And Motion For Reconsideration Of Order Denying Motion To Set Aside Entry Of Default is DENIED. Moving party failed to carry their burden under CCP 1008.

The Court notes that the default entered on September 11, 2025 is not void, because the inspection of the judgment roll preceding September 11, 2025, without consideration of extrinsic evidence, would not show apparent invalidity of the default. However, any default judgment entered, based on the record as it exists today would be void. CCP 425.11(c) requires that the statement of damages be served "before a default may be taken." The statute does not require that a proof of service be filed at the time of the request for default. However, Mandatory Judicial form CIV-050 (which includes a proof of service portion), must be filed with the application for judgment.

As it is apparent from the Court records, the purported Statement of Damages (not on a mandatory form) was not served until March 16, 2026 (186 days after the default was entered. The proper sequence of events is: (1) service of Statement of Damages on a Mandatory form CIV-050; (2) request for default; (3) filing of Mandatory Form CIV-050; (4) request for judgment. Steps 2-4 may be accomplished at the same time. Step 1 must be accomplished within "a reasonable time before the entry of default." Matera v. McLeod (2006) 145 Cal.App.4th 44.

Entry of judgment under these circumstances would be futile as the judgment would be void. Therefore, the default is set aside. This ruling does not require and does not preclude the parties from filing a response or requesting a default when proper. The Court notes that Plaintiff does not address CCP 425.11 or Matera in opposition. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear. | |