Farmers Insurance Exhange vs. Rukhsana Khan

Motion to Set Aside

Cal. Super. - 4th Dist.August 8, 2017

OW «0 3 O N hn Bs W N = N O R RN N N R R N RN r m e m em pe pe t e t pe d p k pee d ~~ Y U t RAR W O N = DO Y e N n B R E W ND - Oo Judd Patton, Esq., Bar No. 320240 FORD, WALKER, HAGGERTY & BEHAR One World Trade Center Twenty-Seventh Floor Long Beach, California 90831-2700 (562) 983-2500 Attorneys for Defendant, RUKHSANA KHAN Co un ty of Or an ge 1 1 / 3 0 / 2 0 1 8 at 10 :4 5: 00 AM Cl er k of th e Su pe ri or Co ur t E L E C T R O N I C A L L Y F I L E D Su pe ri or Co ur t of Ca li fo rn ia By Je an ne tt e Do wl in g, De pu ty Cl er k SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE - NORTH JUSTICE CENTER FARMERS INSURANCE EXCHANGE, Plaintiff, VS. RUKHSANA KHAN, et al., Defendants. N w Ne N m S p nn o n N r N n a N a n N a n N s S e t S w N t Si nt N t S t N e t N a e ge an t I 1 1 i 1 Case No. 30-2017-00936307-CU-PA-NJC HON. CRAIG GRIFFIN DEPT. N17 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE ENTRY OF DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATIONS OF JUDD PATTON AND RUKHSANA KHAN IN SUPPORT; [PROPOSED] ANSWER TO COMPLAINT (Filed concurrently with [Proposed] Order) DATE: January 14, 2019 TIME: 2:00 p.m. DEPT.: N17 Reservation No.: 72938266 Complaint filed: August 8, 2017 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT Oo 0 3 O N Wn BB W N D N D N N N N N N N e e e s e m e d e e e m e e e e e s © 3 AN nn B W N = O O N N N RE W N -= Oo TO THE HONORABLE COURT, ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on January 14, 2019 at 2:00 p.m. in Department N17 of the Orange County Courthouse, located at 1275 North Berkeley Ave., Fullerton, California 92832-1258, Defendant RUKHSANA KHAN (“Defendant”) will move this Court for an Order Setting Aside the Default entered against her on April 25, 2018, and permitting the [Proposed] Answer to Plaintiff FARMERS INSURANCE EXCHANGE's (“Plaintiff”) Complaint. This Motion is made under the relevant sections of the Code of Civil Procedure, and will be based on this Notice, the facts stated in the attached Declarations of Judd Patton, Esq. and Defendant RUKHSANA KHAN, the Memorandum of Points and Authorities, upon the pleading, papers, and records on file in this action, and upon such further evidence as may be presented at the hearing of this Motion. Dated: November 29, 2018 FORD, WALKER, HAGGERTY & BEHAR JUDD PATTON Attorney for Defendant, RUKHSANA KHAN 2 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT Oo 0 1 a N nh B R A W N = B N R N N N N R N N e m a e m a ee p a pe ed ee d ®R ~ N 1 N W B R W N = O Y N Y BER W N Y R R , MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Defendant RUKHSANA KHAN (“Defendant”), respectfully requests that the Court set aside the default that Plaintiff FARMERS INSURANCE EXCHANGE (“Plaintiff”) requested, which the Court entered against Defendant on April 25, 2018, for the following reasons: 1. Discretionary relief from the default is warranted under Code of Civil Procedure § 473.5(a) because the alleged service of the summons and Complaint did not result in actual notice to Defendant in time to defend the action. 2. Discretionary relief from the default is also warranted under the Court’s equity jurisdiction, because entry of the default resulted from mistake and accident. As required by statute, Defendant’s Proposed Answer to the Complaint is attached hereto as Exhibit “A”. The Court is requested to deem Defendant’s Proposed Answer to the Complaint timely filed as of the date of this hearing. IL FACTUAL BACKGROUND This is a subrogation and indemnity matter arising out of a two-vehicle accident that occurred in the city of Anaheim, California. (Declaration of Judd Patton (“Patton Decl.”), 3.) Plaintiff allegedly satisfied its obligation to pay its insured for property and related damages, and filed the instant action to recover the amounts paid from Defendant. (Patton Decl., § 3.) III. PROCEDURAL BACKGROUND Plaintiff filed its Complaint in the Orange County Superior Court, seeking damages from Defendant, on August 8, 2017. (Patton Decl., § 5.) Plaintiff filed a completed Proof of Service form on or about November 27, 2017. (Patton Decl., § 6; Exhibit B.) Plaintiff then sought entry of default against Defendant on February 16, 2018. (Patton Decl., 9 7.) The Court approved this request and entered default judgment against Defendant on April 25, 2018. (Patton Decl., § 8; Exhibit C.) Plaintiff sent notice of the entry of default judgment by mail to Milton Ave., Apt. 13, Fullerton, CA 92831-1428 (the “Milton Address”) on May 24, 2018. (Patton Decl., § 8; Exhibit C.) The deficiencies with Plaintiff’s service include the following: 3 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT OO 00 N1 1 hn BA W N e e DN N N N N N R N D r r e e e m e t h e p e d b e d p e d pe Co 3 ON Wn A W D = S O 0 AN Wn B W [\ - OD » Defendant moved out of 2635 Milton Ave., Apt. 13, Fullerton, CA 92831-1428 (the “Milton Address”) in December 2016. (See Declaration of Rukhsana Khan attached hereto as Exhibit D to Patton Decl. (“Khan Decl.”), § 2 and 8). As of January 2017, Defendant has not resided at the Milton Address, has not had mail forwarded from the Milton Address, and has not visited the Milton Address. (Khan Decl., § 5-7; Exhibit D to Patton Decl.) » The reflected service indicates that the documents were left in the presence of a “‘John Doe’ (Refused Name) - Occupant”, an unidentified occupant at the Milton Address, on November 19, 2017 at 11:10 a.m. (Exhibit B attached to Patton Decl.) The person who served the papers allegedly mailed copies of the documents to the Milton Address on November 20, 2017. (Exhibit B attached to Patton Decl.) » However, Defendant was never personally served with the Plaintiff’s Summons and Complaint, and the attempted service did not result in Defendant receiving actual notice of Plaintiff’s Summons and Complaint, because Defendant had not resided at the Milton Address for over 10 months at the time of substituted service. (Khan Decl., 2, 8; Exhibit D to Patton Decl.) Furthermore, Defendant does not know who the “John Doe” occupant is that accepted the substituted service at the Milton Address, nor has this person tried to contact Defendant. (Khan Decl., § 9; Exhibit D to Patton Decl.) » Defendant never received the notice of entry of default judgment because it was also sent to the Milton Address. (Khan Decl., § 2; Exhibits C and D attached to Patton Decl.) The law firm of Ford, Walker, Haggerty & Behar received the file in this matter and was recently retained on November 6, of 2018, to represent Defendant. (Patton Decl., § 2.) IV. THE ENTRY OF DEFAULT SHOULD BE SET ASIDE BY THE COURT A. Discretionary Relief is Warranted Pursuant to Code of Civil Procedure § 473.5 Code of Civil Procedure § 473.5, provides in pertinent part: (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and 4 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT Oo 0 1 O N nn A W N N O N N O N R N R N N O N r e e m e m e m e m e m e m pe ed pe t ee 0 ~~ O h u h BR W N = O O 0 0 YN N E W R Y -= DO for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered. . . . (c) Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that his or her lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, it may set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action. On a finding by the court that the motion was made within the two year time period permitted by Code of Civil Procedure section 473.5(a) and that the defendant’s lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, the court may set aside the default judgment on whatever terms as may be just and allow the party to defend the action. (Goya v. P.E.R.U. Enterprises (1978) 87 Cal.App.3d 886, 890-894.) “The law does not favor snap judgments. The policy of the law is to have every litigated case tried upon its merits, and it looks with disfavor upon a party who, regardless of the merits of his case, attempts to take advantage of the mistake, surprise, inadvertence, or neglect of his adversary.” (Smith v. Los Angeles Bookbinders Union No. 63 (1955) 133 Cal. App.2d 486, 499 (disapproved on other grounds in MacLeod v. Tribune Pub. Co., Inc. (1959) 52 Cal.2d 536, 551.) 1. Defendant’s Motion is Timely As set forth above, Defendant has two years after entry of a default judgment against her; or 180 days after service on her of a written notice that the default or default judgment has been entered, whichever occurs first. Defendant was never properly served with a summons and complaint to begin with, and lacked actual notice of the same in time to defend herself in this action, due to the issues with the Milton Address discussed below. (Khan Decl., § 2-10; Exhibit D to Patton Decl.) Furthermore, Defendant was not served with written notice of the entry of default judgment because the same was mailed to the Milton Address where Defendant has not resided, has not received any mail from nor has had any mail forwarded from, and has not visited, as of January 5 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT © 0 1 ON Lh BR W N BN R R N N N R N N ed pe d p a f m dk m d p d p e d je e «wo 1 O Y Un RA W N = O W Y R E W I N D , 2017. (Khan Decl., § 2, 5-7; Exhibits C and D attached to Patton Decl.) Therefore, Defendant has two years from the April 25, 2018 entry of default judgment to file the instant motion. Accordingly, this motion is timely made. Furthermore, Defendant only learned of the instant lawsuit approximately 3 months ago, when her insurer informed her that a default had been taken against her. (Khan Decl., § 3; Exhibit D to Patton Decl.) Defendant mistakenly believed that her insurance company would provide her with instructions on what to do. (Khan Decl., § 3; Exhibit D to Patton Decl.) The law firm of Ford, Walker, Haggerty & Behar received the file in this matter and was recently retained on November 6, of 2018, to represent Defendant. (Patton Decl., § 2.) Therefore, this Motion was filed within a reasonable period of time after Defendant first learned of the instant lawsuit. 2, Defendant Did Not Receive Actual Notice of This Action Defendant was apparently served by substituted service with Plaintiff’s Summons and Complaint on November 19, 2017, at the Milton Address, with the Summons and Complaint being mailed to the same address on November 20, 2017. (Exhibit B attached to Patton Decl.) However, the substituted service was made upon an unidentified occupant, at an address where Defendant no longer resided at the time of substituted service. (Khan Decl., § 9; Exhibit D to Patton Decl.) During the year of 2016, Defendant resided at the Milton Address with several female roommates. (Khan Decl., 9 8; Exhibit D to Patton Decl.) Defendant did not have a boyfriend or husband, and did not reside with any male roommate. (Khan Decl., § 8; Exhibit D to Patton Decl.) Defendant does not know who the unidentified occupant is, nor has this person tried to contact Defendant. (Khan Decl., 4 9; Exhibit D to Patton Decl.) Defendant was never personally served with a copy of the Summons and Complaint in this matter, and the substituted service did not result in Defendant receiving actual notice of the Summons and Complaint. The phrase “actual notice” means “genuine knowledge of the party litigant and does not contemplate notice imputed to a principal from an attorney’s actual notice.” (Rosenthal v. Garner (1983) 142 Cal.App.3d 891, 895.) Defendant did not have actual notice of Plaintiff’s Summons and Complaint because Defendant never received the papers, through no fault of her own, since she no longer resided at the Milton Address at the time of substituted service. 6 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT Oo 0 1 O N i d B W ND BR DN R N R R N N N N m m e m b d e s e m e m e m e m pe e RN NJ NN Un Bs W N = O D N Y R W N = Oo (Khan Decl., § 2, 4, and 8; Exhibit D to Patton Decl.) Furthermore, Defendant does not know the unidentified occupant at the Milton Address, with who substituted service was left, nor has this person tried to contact Defendant. (Khan Decl., § 9; Exhibit D to Patton Decl.) Defendant did not have any knowledge of the lawsuit until approximately 3 months ago, when her insurer informed her that a default had been taken against her. (Khan Decl., 43; Exhibit D to Patton Decl.) As such, Defendant did not receive actual notice of the Complaint until after her Answer was due. Defendant was also not informed, and not aware, of the 30-day deadline within which to file a responsive pleading, and never knew that a default could be entered against her if she did not act promptly. (Khan Decl., § 10; Exhibit D to Patton Decl.) Defendant lacked actual knowledge of the attempts at service on her, including the entry of default, until approximately 3 months ago, when her insurer informed her that a default had been taken against her. (Khan Decl., 43; Exhibit D to Patton Decl.) Defendant mistakenly believed that her insurance company would provide her with instructions on what to do. (Khan Decl., §3; Exhibit D to Patton Decl.) The law firm of Ford, Walker, Haggerty & Behar received the file in this matter and was recently retained on November 6, of 2018, to represent Defendant. (Patton Decl., §2.) Therefore, since Defendant never had actual notice, this Motion should be granted. 3. The Court May Grant Relief Where the Defendant is Not at Fault A motion for relief from default “is a remedial measure to be liberally construed, any doubts existing as to the propriety of the trial court’s action will be resolved in favor of a hearing on the merits.” (Berman v. Klassman (1971) 17 Cal.App.3d 900, 910.) Unless inexcusable neglect is clear, the policy favoring trial on the merits prevails over the general rule of deference to the trial court’s exercise of discretion, and doubts are resolved in favor of the application for relief from default. (Tunis v. Barrow (1986) 184 Cal. App.3d 1069, 1079.) Therefore, the Court should set the default judgment against Defendant aside under this liberal policy because Defendant was not at fault. Defendant’s failure to file an Answer was due to a mistake in Defendant’s address, resulting in Defendant never having received actual notice of the lawsuit. Defendant moved out of the Milton Address in December 2016. (Khan Decl., § 2 and 8; Exhibit D to Patton Decl.) As of January 2017, 7 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT Oo 0 3 O N u n BA W N e s DN N N N N N O N N N m m e m e t pe d ee d e d p m me t pe d pe o o ~~ N n BE W N = O O A N A W N = D Defendant has not resided at the Milton Address, has not had mail forwarded from the Milton Address, and has not visited the Milton Address. (Khan Decl., § 5-7; Exhibit D to Patton Decl.) The substituted service was left with an unidentified occupant, at an address where Defendant had not been residing as of January 2017. (Khan Decl., § 2 and 5-9; Exhibit D to Patton Decl.) Defendant does not know the unidentified occupant at the Milton Address with who substituted service was left, nor has this person tried to contact Defendant. (Khan Decl., § 9; Exhibit D to Patton Decl.) Defendant currently resides at 12701 Volkwood, Garden Grove, CA 92840. (Khan Decl., § 12; Exhibit D to Patton Decl.) Defendant has not hidden or made any efforts to conceal her residential address. (Khan Decl., § 12; Exhibit D to Patton Decl.) Defendant did not try to avoid service of Plaintiff’s Summon and Complaint. (Khan Decl., § 3; Exhibit D to Patton Decl.) Defendant failed to file a timely answer because, through no fault of Defendant, substituted service was left at the Milton Address over 10 months after Defendant had moved out from that address. (Khan Decl., § 2, 4, and 8; Exhibit D to Patton Decl.) As a result, Defendant was never personally served with, nor has Defendant ever received, either the Summons and Complaint for the lawsuit, nor the Notice of Entry of Judgment. (Khan Decl., § 3; Exhibit D to Patton Decl.) Therefore, Defendant’s lack of actual notice in time to defend the action was not caused by her avoidance of service or inexcusable neglect. Where there is no evidence of evasion or inexcusable neglect, failure to grant a motion to set aside default is reversible error. (Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1079.) Therefore, the Court should grant the motion to set aside the default judgment. 4. Plaintiff Will NOT Suffer Any Prejudice by Setting Aside Default Where there is no showing that the party opposing the motion to set aside default has suffered any prejudice or that injustice will result from the trial of the case upon its merits, very slight evidence will be required to justify a court in setting aside the default. (Bucker v. Briggs (1971) 15 Cal.App.3d 269, 302-303.) Clearly, the Court is vested with discretion as to whether to grant relief from default, but where, as here, Defendant is prepared to defend this action with insurance in place, Plaintiff has 8 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT NO 00 J A hh Bl W N ) e e N N R N N N O N O N O N m m em em em p m em em em em 0 N N BA W N =, O W O e N R W = o suffered no cognizable prejudice. While Plaintiff will be obliged to prosecute the action if the default is set aside, Plaintiff would have been obliged to do so had Defendant been properly served with the Summons and Complaint and filed her Answer within the time afford by statute. Hence, setting aside the entry of default leaves Plaintiff in no worse position than it would have been in had the default not been entered, since the entry is against a person who was never properly served. B. Discretionary Relief is Warranted Pursuant to the Court’s Equity Jurisdiction 1. The Six Month Period Under Code of Civil Procedure § 473(b) Has Passed Pursuant to Section 473(b) of the Code of Civil Procedure, the Court is empowered to relieve “a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (See also, Lorenz v. Commercial Accept. Ins. Co. (1985) 40 Cal. App.4th 981, 989.) 2. The Court Can Still Grant Relief On Equitable Grounds Section 473(d) of the Code of Civil Procedure further authorizes the Court to, “upon motion of the injured party, or its own motion, ... set aside any void judgment or order.” Although the six month period under section 473 has passed, a trial court may still vacate a default after six months from entry of default on equitable grounds, even if statutory relief is not available. (Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 981, citing Olivera v. Grace (1942) 19 Cal.2d 570, 575-576.) If “the defendant in the action, having a valid legal defense on the merits, was prevented in any manner from maintaining it by fraud, mistake, or accident, and there had been no negligence, laches, or other fault on his part, or on the part of his agents, then a court of equity will interfere at his suit, and restrain proceedings on the judgment which cannot be conscientiously enforced.” (Olivera v. Grace (1942) 19 Cal.2d 570, 575.) The typical situation “in which equity has interfered with final judgments are the cases where the lack of a fair adversary hearing in the original action is attributable to matters outside the issues adjudicated therein which prevented one party from 9 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT OW 0 3 O N a B W N e D2 N N N N N N em e a e m em e e e m e e pe s pe 0 N N n h W N = DO WY 0 0 N N R A W N D R , Oo presenting his case to the court.” (/d.) Relief from default has been provided repeatedly where an explanation has been provided for the delay in responding to the lawsuit. (Waite v. Southern Pacific Co. (1923) 192 Cal. 467, In re Marriage of Jacobs (1982) 128 Cal.App.3d 273, Berman v. Klassman (1971) 17 Cal.App.3d 900; and DeMello v. DeMello (1954) 124 Cal.App.2d 135.) The law looks with disfavor on parties trying to take advantage of the mistake, surprise, inadvertence, or neglect of their opponent. (Fasuyi v. Permatex, Inc. (2008) 167 Cal. App. 4th 681, 696.) Finally, the Court also has inherent authority to “amend and control its process and orders so as to make them conform to law and justice” pursuant to Code of Civil Procedure § 128(a)(8). 3. Defendant’s Delay In Responding To The Lawsuit Was Due To A Mistake In Defendant’s Address, Which Is A Matter Outside The Issues To Be Adjudicated In This Case As discussed in more detail in her attached declaration, and through no fault of Defendant, the substituted service at the Milton Address did not result in Defendant receiving actual notice of Plaintiff’s Summons and Complaint, and Defendant never received the notice of entry of judgment that was mailed to the Milton Address, because Defendant did not reside at the Milton Address as of January 2017. (Khan Decl., § 3, 10; Exhibits B, C, and D attached to Patton Decl.) Therefore, Defendant was prevented from defending herself due to a mistake in Defendant’s address, resulting in Defendant never having received actual notice of the lawsuit in time to defend herself. Furthermore, the mistake in Defendant’s address is a matter “outside the issues [to be] adjudicated” in this case. (Olivera v. Grace (1942) 19 Cal.2d 570, 575.) As a result of these factors, and through no fault of Defendant, default judgment was entered against her. In sum, the policy in California is to resolve matters on the merits. Here, the facts unequivocally warrant setting aside the Entry of Default Judgment. " 1 1 1" 10 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT O© 0 J AA th Dn WwW ND - co 3 S Y BR W N = O Y Y RN W N - e D VI. CONCLUSION For the foregoing reasons, Defendant respectfully requests that the Court set aside the default judgment entered against her on April 25, 2018, and to accept as timely filed the Answer of Defendant to the Complaint attached hereto. Dated: November 29, 2018 FORD, WALKER, HAGGERTY & BEHAR BY: » JUDD PATTON Attorneys for Defendant, RUKHSANA KHAN 11 RUKHSANA KHANS NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT Oo 0 ~~ NN nn B W ND N N N N N N N N = e e e s e m e e e e e m ce NN O n nn Bd W N = O Y e N Y R W N o DECLARATION OF JUDD PATTON I, JUDD PATTON, hereby declare as follows: ks I am an attorney at law, duly authorized to practice before all of the courts of the State of California, and am employed as an associate attorney by the law firm of FORD, WALKER, HAGGERTY, & BEHAR, counsel for Defendant RUKHSANA KHAN (“Defendant”). The facts set forth herein are true and correct and are within my personal knowledge, and if called as a witness, 1 could and would testify competently thereto. 2. My office was retained and received the file in this matter on or about November 6, 2018. 3. This is a subrogation and indemnity matter arising out of a two-vehicle accident that occurred in the city of Anaheim, California. Plaintiff allegedly satisfied its obligation to pay its insured for property and related damages, and filed the instant action to recover the amounts paid from Defendant. 4, As required by statute, Defendant’s Proposed Answer to the Complaint is attached hereto. (Attached hereto as Exhibit “A” is a true and correct copy of Defendant’s Answer to the Complaint.) S. Plaintiff filed its Complaint in the Orange County Superior Court, seeking damages from Defendant, on August 8, 2017. 6. Plaintiff filed a completed Proof of Service of Summons form on or about November 27,2017. (Attached hereto as Exhibit “B” is a true and correct copy of Plaintiffs Proof of Service of Summons.) ¥ Plaintiff then sought entry of default against Defendant on February 16, 2018. 8. The Court approved this request and entered default judgment against Defendant on April 25, 2018, and Plaintiff sent notice of the entry of default judgment by mail to Milton Ave., Apt. 13, Fullerton, CA 92831-1428 (the “Milton Address”) on May 24, 2018. (Attached hereto as Exhibit “C” is a true and correct copy of the Court’s April 25, 2018 Entry of Default Judgment and Plaintiff's Proof of Service of Notice of Entry of Judgment.) 9. The Plaintiff's service is defective for the following reasons: 12 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT © 0 2 ON Wn B W ON N O N RN N O N N N N R r e r e t b e d e m p d p l e m pe d e d f e a WwW ~~ N r B A W N D = O O e N N B R E W m o a. Defendant moved out of 2635 Milton Ave., Apt. 13, Fullerton, CA 92831-1428 (the “Milton Address”) in December 2016. (See Declaration of Rukhsana Khan (Attached hereto as Exhibit “D” is a true and correct copy of the Declaration of Rukhsana Khan) (“Khan Decl.”), § 2 and 8). As of January 2017, Defendant has not resided at the Milton Address, has not had mail forwarded from the Milton Address, and has not visited the Milton Address. (Khan Decl., § 5-7). b. The reflected service indicates that the documents were left in the presence of a “‘John Doe’ (Refused Name) - Occupant”, an unidentified occupant at the Milton Address on November 19, 2017 at 11:10 a.m. (Exhibit B. attached to Patton Decl.) The person who served the papers allegedly mailed copies of the documents to the Milton Address on November 20, 2017. (Exhibit B attached to Patton Decl.) Ge However, Defendant was never personally served with the Plaintiff's Surimons and Complaint, and the attempted service did not result in Defendant receiving actual notice of Plaintiff’s Summons and Complaint, because Defendant had not resided at the Milton Address for over 10 months at the time of substituted service. (Khan Decl., § 2, 8). Furthermore, Defendant does not know who the “John Doe” occupant is that accepted the substituted service at the Milton Address, nor has this person tried to contact Defendant. (Khan Decl., § 9) > d. Defendant never received the notice of entry of default judgment because it was also sent to the Milton Address. (Khan Decl., § 2). (Exhibit C attached to Patton Decl.) 10. After being retained by Defendant’s insurance company and receiving this case file, my office contacted Defendant to get her declaration, and then prepared the instant Motion within a reasonable amount of time. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 29" day of November 2018, in Long Beach, California. J 5 13 RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT JUDGMENT WOW 0 I AN h o b s W R N em N a L h R W N = O V N R W - S EXHIBIT “A” OO KL YN nn BR W N N O N N N N N N N N e m e m e m e m mm e d p e t e t e l cw 3 A N B A W = O W R N Y D W N e m OD Judd M. Patton, Esq., Bar No. 320240 FORD, WALKER, HAGGERTY & BEHAR One World Trade Center Twenty-Seventh Floor Long Beach, California 90831-2700 (562) 983-2500 Attorneys for Defendant, RUKHSANA KHAN SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE - CENTRAL JUSTICE CENTER FARMERS INSURANCE EXCHANGE, Case No. 30-2017-00936307-CU-PA-CJC Plaintiff, ANSWER TO COMPLAINT VS. RUKHSANA KHAN, et al. ) ) ) ) ) ) ) ) Defendants. ) COMES NOW defendant, RUKHSANA KHAN, and answering the unverified Complaint, admits, denies and alleges: 1 Under the provisions of Section 431.30(d) of the Code of Civil Procedure of the State of California, this defendant denies generally and specifically each, every and all of the allegations contained in said unverified Complaint, and the whole thereof, and denies that plaintiff has sustained damages in any sum or sums alleged, or in any other sum, or at all. 11 1 ANSWER TO COMPLAINT © 0 ~1 A Wn B O W O N r= D 0 N N R N m m d e m e m pe pe d p d ee p e c e N A A Ln B R A W N = O Y e N O W N ee © FOR A FIRST, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE DEFENDANT ALLEGES: 2. That the Complaint, and each and every cause of action contained therein, fails to set forth facts sufficient to constitute a cause of action against this answering defendant. FOR A SECOND, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE DEFENDANT ALLEGES: 3. That the accident, and the resulting injuries and damages, if any, alleged by plaintiff’s insureds, Josefina Posades and Elizar Morales (hereinafter referred to as “plaintiff’s insured”), were proximately caused and contributed to by the negligence and carelessness of plaintiff, in that he failed to exercise ordinary care and caution for his own safety. FOR A THIRD, SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE DEFENDANT ALLEGES: 4, If plaintiff's insureds received injuries and/or damages, if any, as a result of the incident complained of herein, then plaintiff's insureds aggravated and/or failed to take proper action to reduce and/or mitigate said injuries and/or damages, if any. WHEREFORE, this answering defendant prays that plaintiff take nothing by reason of the / / / 1 2 ANSWER TO COMPLAINT NO 00 N N nn BR W N ) e e D D N N N N N N N k e e e e m e m p m Re p e d e b e d © N N hh bh W N = O Y N N S W ND = O Complaint on file herein, that this answering defendant be given judgment for costs of suit incurred herein, and for such other and further relief as the court may deem just and proper. Dated: November 29, 2018 FORD, WALKER, HAGGERTY & BEHAR JUDD M. PATTON Attorneys for Defendant, RUKHSANA KHAN 3 ANSWER TO COMPLAINT OO 0 3 S N nh B W ND e a N O R R O N B R N N N N ) r E e e e m e m mt pe d p d e t ee c o 3 O N BR W N = O N D S N R W ee © PROOF OF SERVICE FARMERS vs. KHAN 00218-580 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ~~) [ am employed in the aforesaid county; Iam over the age of eighteen years and not a party to the within entitled action; my business address is: One World Trade Center, Twenty-Seventh Floor, Long Beach, California 90831-2700 On November 29, 2018, I served the within: ANSWER TO COMPLAINT on the interested parties in said action, SEE ATTACHED SERVICE LIST _X (BY MAIL) Iam readily familiar with the firm's practice of collecting and processing of documents and correspondence for mailing with the United States Postal Service. Under that practice, on the above date the envelope was sealed and placed for collection and mailing following the ordinary business practices of our office. This results in the envelope being delivered to the United States Postal Service in Long Beach, California, that same day, with postage thereon fully prepaid. ___ (BY FACSIMILE) Via facsimile from machine number (562) 590-35 , I transmitted by facsimile machine true copies of the foregoing described document on the attorneys of record in this action at the facsimile machine telephone numbers shown, pursuant to California Rules of Court, Rule 2009(i). ___ (BY OVERNIGHT MAIL) I am readily familiar with the firm’s practice of collecting and processing of documents and correspondence for mailing with Federal Express. Under that practice, on the above date, the Federal Express envelope was sealed and placed for collection and mailing following the ordinary business practices of our office. This results in the Federal Express envelope being delivered to the Federal Express box at the One World Trade Center, Long Beach, premises, with a Federal Express Airbill thereon. ___ (BY ELECTRONIC SERVICE) I caused such document to be Electronically Served on all parties through the for the above-entitled case. This service complies with CCP § 1010.6. The file transmission was reported as complete and a copy of the “Filing Receipt” page will be maintained with the original document in our office. (BY ELECTRONIC SERVICE - EMAIL) I caused a true copy of the foregoing document(s) to be transmitted by email to each of the parties designated herein and as last given by that person on any document which he or she has filed in this action and served upon this office. Executed on November 29, 2018, at Long Beach, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. \ NN Mary Garzone 4 ANSWER TO COMPLAINT O O 0 ~~ O&O hn BA W N e e B O N RN O N N N N N N mm e m e e m a e m p m e m ee e t pe s co 1 NN B A W ND = O Y e N Y R A W N Y , David A. Leeds, Esq. MAILING SERVICE LIST FARMERS vs. KHAN 00218-580 LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO 4607 Lakeview Canyon Rd., Suite 275 Westlake Village, California 91361 (818) 540-4420; (818) 540-4445 Fax 5 ANSWER TO COMPLAINT OO © J A wn B W N N R N R N N N O N r e o e e e em p m o m a e a p a ® N A B W = O Y ® ON N DA W N -~ OS EXHIBIT “B” POS-01 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and sddress) FOR COURT USE ONLY | Gregg Strumwasser, Esq. | SBN: 188853 Law Offices of Hartsuyker, Stratman & Williams-Abrego 4607 Lakeview Canyon Rd. 275 Westlake Village, CA 91361 TELEPHONE NO.: (818) 540-4414 | FAX NO. (818) 540-4445 | E-MAIL ADDRESS (Optional): caliley.apodaca@famersinsurance, com ATTORNEY FOR (Name): Plaintiff. Farmers insurance Exchange, a California nterinsurance Exchange Orange County Superior Court } ELECTRONICALLY FILED STREET ADDRESS: 700 Civic Center Drive West Superior Court of Califomia, County of Orange MAILING ADDRESS: CITY AND ZIP CODE: Santa Ana, CA 82701 1172772017 at 03:53:00 Ph BRANCH Name: Central Justice Center - Santa Ana Clerk of the Superior Court By e Clerk, Deputy Clerk 30-2017-00936307-CU-PA-CJC PLAINTIFF: Farmers Insurance Exchange, a California Interinsurance Exchange DEFENDANT: Rukhsana Khan, et al. PROOF OF SERVICE OF SUMMONS Ret. No- or Flo Ne. 106440451 {Separate proof of service is required for each party served.) . At the time of service | was at least 18 years of age and not a party to this action. 2. | served copies of: a. M Summons b. Complaint C. Alternative Dispute Resolution (ADR) package d. e. - Civil Case Cover Sheet Cross-complalnt i. 3 other (specify documents): 3. a. Party served (specify name of party as shown on documents served): Rukhsana Khan b. [] Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a): 4. Address where the party was served: 2635 Milton Ave Apt 13 Fullerton, CA 92831-1428 5. | served the party (check proper box) a. by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on(date): (2) at (time): b. or by substituted service. On (date): 11/19/2017 at (time): 11:10 AM | left the documents listed in Item 2 with or in the presence of (name and title or relationship to person indicated in item 3b): "John Doe" (Refused Name) - Occupant Age: 80 Weight: 200 Hair: Brown Sex: Male Height: 5'8" Eyes: Brown Race: Caucasian 1 Od (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. | informed him of her of the general nature of the papers. 2 ~ (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. | informed him or her of the general nature of the papers. (3) mn {physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. | informed him of her of the general nature of the papers. 4) ~ I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., §415.20). | mailed the documents on (date): from (city): or © a declaration of mailing is attached, (5) rif | attach a declaration of diligence stating actions taken first to attempt personal service. Page 10f 2 Form fpprovec for Mandatary Use Code of Civil Procedure, § 417.10 Fat anc of Callomis om ‘PROOF OF SERVICE OF SUMMONS POS010-1/34229A PETITIONER: Farmers Insurance Exchange, a Callfornia Interinsurance Exchange CASE NUMBER: RESPONDENT: Rukhsana Khan, et al. 30-2017-00936307-CU-PA-CJC c.[] by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city): 3 with two copies of the Notice and Acknowledgment of Receiptand a postage-paid return envelope addressed to me. {Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.) @] to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) d. J by other means (specify means of service and authorizing code section): [1] Additionat page describing service is attached. 6. The "Notice to the Person Served" (on the summons) was completed as follows: aM b.[] c.[] a. as an individual defendant. as the person sued under the fictitious name of (specify): as occupant, On behalf of (specify): under the following Code of Civil Procedure section: J 416.10 (corporation) [J 416.20 (defunct corporation) [1 416.30 (joint stock company/association) [J 416.40 (association or partnership) [1 416.50 (public entity) 415.95 (business organization, form unknown) 416.60 (minor) 416.70 (ward or conservatee) 416.90 (authorized person) 415.46 (occupant) other: (0 7. Person who served papers Name: Sandra Felix - ON-CALL LEGAL a. . Address: 1876 Century Park East, STE H Los Angeles, CA 90067 . Telephone number: (310) 858-9800 b c d. e The fee for service was: $ (1) (2) 3) . lam: not a registered California process server. exempt from registration under Business and Professions Code section 22350(b). registered California process server: . 0 owner employee & independent contractor. (i) Registration No.: 6593 (ii) County: Los Angeles 8. & | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9.1 1am a California sheriff or marshal and certify that the foregoing is true and correct. Date: 11/21/2017 ON-CALL LEGAL 1876 Century Park East, STE H Los Angeles, CA 90067 (310) 858-9800 www.OnCallLegal.com lix p (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) POS-010 [Rev January 1, 2007) PROOF OF SERVICE OF SUMMONS Page 2 of 2 ‘ POS-010/34228A ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address) | Gregg Strumwassaer, Esq. | SBN: 188853 Law Offices of Hartsuyker, Stratman & Williams-Abrego 4607 Lakeview Canyon Rd. 275 Westlake Village, CA 91361 TELEPHONE NO.. (818) 540-4414 | FAX NO. (818) 540-4445 | E-MAIL ADDRESS (Optional): callley.apodaca@farmersinsurance.com ATTORNEY FOR (Name): Plaintiff: Fermars Insurance Exchange, a Celifomie Interinsurance Exchange Orange County Superior Court STREET ADDRESS: 700 Civic Center Drive West MAILING ADDRESS: CITY AND ZIP CODE: Santa Ana, CA 92701 BRANCH NAME: Central Justice Center - Santa Ana FOR COURT USE ONLY PLAINTIFF: Farmers Insurance Exchange, a California Interinsurance Exchange DEFENDANT: Rukhsana Khan, et al. CASE NUMBER: 30-2017-00936307-CU-PA-CJC AFFIDAVIT OF REASONABLE DILIGENCE Ref. No. or Fifa No.: 3006440451 |, Sandra Felix , declare: | am a Registered Process Server and was retained to serve process in the above-referenced matter on the following person or entity: Rukhsana Khan as follows: Documents: Summons; Complaint; Alternative Dispute (ADR) package; Civil Case Cover Sheet {served In complex cases only); | attempted personal service on the following dates and times with the following results: Date Time Location Results 11/17/2017 8:30 PM Home No answer at door. 2635 Milton Ave Apt 13, Fullerton, CA 928311428 11/18/2017 6:15 AM Home No answer at door, no activity. 2635 Milton Ave Apt 13, Fullerton, CA 928311428 11/19/2017 11:10 AM Home Substitute service made on "John Doe" (refused name), Occupant. 2635 Milton Ave Apt 13, Fullerton, CA 928311428 Fee for Service: $ .00 County: Los Angeles { 3 Registration No.: 6593 | declare under penalty of perjury that the foregoing is true ON-CALL LEGAL and correct and that this declaration was executed on 1875 Century Park East, STEH ~ November 21, 2017. Los Angeles, CA 90067 (310) 858-9800 Ref: 3006440451 Signature: AFFIDAVIT OF REASONABLE DILIGENCE Order#: 34229A Attorney or Party without Altorney: Gregg Strumwasser, Esq., SBN: 188853 Law Offices of Hartsuyker, Stratman & Williams-Abrego 4607 Lakeview Canyon Rd. 275 TELEPHONE No.: (B18) 540-4414 FAX No. (Optional): (818) 540-4445 Attorney for: Plaintiff Farmers Insurance Exchange, a California Westlake Village, CA 91361 E-MAIL ADDRESS (Optional): Caiilley.apodaca@farmersinsurance.com FOR COURT USE ONLY Interinsurance Exchange Raf No. or File No: 3006440451 insert name of Court, end Judicial District and Branch Court: Orange County Superior Court - Central Justice Center - Santa Ana Fiaintit: Farmers Insurance Exchange, a California Interinsurance Exchange Defendant: Rukhsana Khan, et al. HEARING DATE: TIME: DEPT. CASE NUMBER: PROOE OF AITRVICE 30-2017-00936307-CU-PA-CJC 1. 1 am over the age of 18 and not a party to this action. 1 am employed in the county where the mailing occured. 2. | served copies of the Summons; Complaint; Alternative Dispute (ADR) package; Civil Case Cover Sheet (served in complex cases only); 3. By placing a true copy thereof enclosed in a sealed envelope, with First Class postage thereon fully prepaid, in the United States Mail at Los Angeles, California, addressed as follows: a. Date of Mailing: “November 20, 2017 b. Place of Mailing: Los Angeles, CA ¢. Addressed as follows: Rukhsana Khan 2635 Milton Ave Apt 13 Fullerton, CA 92831-1428 I'am readily familiar with the firm's practice for collection and processing of documents for mailing. Under that practice, it would be deposited within the United States Postal Service, on that same day, with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. Fee for Service: $ .00 ON-CALL LEGAL = 1875 Century Park East, STE H { 3 Los Angeles, CA 90067 (310) 858-9800 Ref: 3006440451 | declare under penalty of perjury under the laws of the The State of California that the foregoing information contained in the return of service and statement of service fees is true and correct and that this declaration was executed on November 21, 2017. Oombin, Statigry. Amber Staton Signature: PROOF OF SERVICE BY MAIL Order#: 34229A/mailproof OV 00 2 O Y Un RA W O N ee N N N N N N N R ) m e k e e m e m p m p m e m p a © N y BE W L W , O VW d N D W N = O EXHIBIT “C” Oct. 5.2018 4:20PM Faxmers Exchange fr ed N O N R B = 3 & 6 R B R R E E B E S E E S a L R E E o o e a] o y L h Pp Ww No. 7018 P. 2 DAVID A. LEEDS, ESQ. (SBN 199603) LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO ELECTRONICALLY FILED 4607 Lakeview Canyon Rd., Ste. 275 Be aa tomiz. Westlake Village, California 91361 052512018 st 08:00:00 A Telephone: (818) 540-4420 Clerk uf the Superior Court Facsimile: (818) 540-4445 By # Clerk, Deputy Blerk File No.: 3006440451 Attorneys for Plaintiff, FARMERS INSURANCE EXCHANGE - SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE FARMERS INSURANCE EXCHANGE, ) Case No: 30-2017-00936307 Plaintiff, Vv. NOTICE OF ENTRY OF JUDGMENT RUKHSANA KHAN, ct al. Defendants, N e e ? Na ll M t N N N F TO RUKHSANA KHAN: PLEASE TAKE NOTICE that on April 25, 2018, judgment was entered in favor of Plaintiff, FARMERS INSURANCE EXCHANGE, a California Interinsurance Exchange, and against the above-named Defendant, for damages in the sun of $26,593.05, prejudgment intetest in the sum, of $1,698.31 for a total judgment of $28,291.36. Attached as Exhibit “A” is a true and correct copy of the judgment, Dated: May 24, 2018 LAW QFFICES OF WILL RIFPYKER, STRATMAN & By: wl - DAVID 4, BKEDS Attorney for Plaintiff, FARMERS INSURANCE EXCHANGE} WOTICE OF ENTRY OF JUDGMERT Oct. 5.2018 4:21PM Faeaers Exchange dh No. 7018 P. 4 $Y BE oar pon 0 ‘ a oy ns JUR-160 RT GRHEY VF PARTY WITHOUT ATTORNEY (Rare se ba oss tod si) TC VRAGRUISE WRN Topo vsroy David A+ Loods pe SEN: 199603, Eiuicot the Sumter Coot, -Harlauykey; Stabman & WilllamsAbrego 4607 Lakeview Canyon Rd., #275, Westlake Vilage, CA, 1161 rms OGLE) SA04920 dake. owen (B18) 40-4445 FILED FAR ANDRESS (OptsmyrZn uid. tovar@firmeralns u anoe, com BPE or & FALIFORNL ATTORNEY FON (Reed: Farmoya Insurane Bxohangs a SUBTIGE CEN SUPERIOR DOURT OF IALIFORNIA, COUNTY SF ORATOR = grant AppRESECH00 Clvio Calor Deve Wast APR 2 5 2018 MAG ADBRASN 700 Clio Counter Dirfvo West > amy AND ZR CooE ants Ang, 92701 DAVIOHN YAMAZAKI, Clark of [he Coun RRANOH NAW Cental Juatios Canter 25 PLAINTIFF: Parmenrs Insurence Exchange BY: DEPUTY DEFENDANT: Rukheune Khan JUDGMENT PERE [1 ByGlern [XJ] By Default After Qaurt Tela) 50-201 7-00936307 [XZ] Bytour [J ongtipnlation Delondeuti DId Not Appasy at Trial JUDGMENT 1.[X1 BY DEFAULT a, Dielandant wae properly served with a copy of the summons and complaint, b Defendant fallsd lo answer the complaint ar appear and dafend the goon within the Ims allowed by law, 0, Delsndants default was entered by the alerk upon plalntiify applization, d. [_] Clerk's Judgment (Cole Clv. Prog, § 585(x)). Defendant was sted only on a contract o judgment of agen of thls gtats far ite recovaty of maney, uv, [X] court dudgmant (Coda Civ. Proc, § G88) The court eonalderad (1) [1 platntiifs testimony and other evidence, (2) [X] vleinfifs wiitan dodlration {Code Civ, Proo,, § 588{d)). 7. [J] oNBTRLLATION a. PlaniIff and defendant rgread (atipulated) that & Judgment be antares In this cars. The aout approved the alipulated Judgment and kb. [7] the elgned witen sipulation was fied in the case, 0. [1] tha stipulation was stated In opan court [1 the stipulation wag stated on the record, 8 [| AFIER COURT TRIAL, Tha jury was waived. Thi court considered the evidences. a. Tha uage wae lad on (dale and tims): balora {nama of fudlpil ofiean): b. Appearancas by. [-] Plainud (name agoh): nm 2} [-] Continua on Attachment 8b, [7] Dalendant (name each) fi} @) {T_] Continued on Atashmant 8b, CT] Piuinlitfa sttomey {name sau); {nH & LT] Defendant's uotnsy (sins saphi): {1} (2) 0. [J Defendant did riot appear at tral, Defentiant was prapatly setved with ntllte of wi, d [7] A statement of deolalon (Code Gly, Froo, §882) [J wasnot [7] was requestad. for Usq JUNRMENT Ea Pop { 912 Hoke cf 30 Poeun SY DNASE Bo. Ram Shadi Oct, bh, 2018 4:21PM Foemers Exchange a No. 7018 P. 5 | PLAINTIFF Farmers [nautenon Bxaligngs CARE RUMBER: 30-2017-00936307 DEFENDANT: Ruklsana Khan ; JUDGMENT [6 ENTERED AS FoLLowa By: [EX] THEGOURT [| THE CLERK 4 1 Stipulated Judgment. Judgment ls entered ascarding to the stipulation af the partias, 8. Pattisg, Judgment ls a. [XT for plaintlif fname eaok): FARMERS INSURANCE o. [1 for ross-somplalnent (nants sack): BXCHANGE, a Callfornis Interinsuranco Exchange and against dotendant frames): RUKHSANA KHAN and ngalmt oross-dalendant (name eaeh); [1 tuontinuad on Atteshisnt Sa. [1] Continued uit Atachment Go, b. [J tor datendant {nama seach): d. [_] for gresa-dafendant (name sac): 8. Amount # [J Defendant mamed In om a above must ao. [_] Gross-delendunt named In Its ¥o above must pay poy plantfi on the complaint vrogs-compleinent on the oross-vomplalot: (1 LE] Pamagea $ 26,593.03 ( [1 Damages $ ® [X] Prejudgment ® 1,698.31 (® [1 Hejudgmant $ Intaveat at the Interest at the gnoualrataof 7 0% Bohual rete of % 8) [J Adomay foes 3 (8 [1 Attorney fesa $ 4 [] Coes $ (4) [1 Costa 8 8 C1 Other (pacity) $ (68) [1 Other (spacity): 8 {8} TOTAL $ 28,291.36 (6) TOTAL & be [_] Plalntlf to receive noliing from defendant d [1 Crow-somplalnant lo regelve nolitty from named In tem bib, oross-defandant naynad Ir Rem 8d, | -| Cross-dofondant named In [stm 5d lo recdyey oo! {1 and atiomay tases § [7 Delstidant waned In tam bb to recover coglp [7] and sitomay fese $ 7. [1 Other (pei: Date: Gs 4, Dater » Deputy rn) CLERK'S CERTIFICATE (Opifond)) 1 oanlfy that this 13 8 tus copy of Ihe orginal judgment on Mis In the tour. Daler Clark, by 5 Deputy Pdr el ~~ HO TR TRS 7, 5 JUDGMENT - - - a w Qct. 5.2018 4:22PM Farmers Exchange " No. 7018 PF. 6 OO c o 3 hy t v N W R Y N O N O N O N N o = C F E S H E E B E S PROOF OF SERVICE (C.C.F. §§10134, 2015.5 and FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: 1am a citizen of the United States, over the age of eighteen years and not a party to the within entitled action, I am employad at DOWNS & ASSOCIATES, 31111 Agoura Road, Westlake Village, California 31361. On Sf ] A { 9 , 1 served the attached described document; NOTICE OF ENTRY OF JUDGMENT on the interested party(ies) in said action, by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: Rukhsana Khan 26335 Milton Ave., Apt. 13 Fullerton, CA. 92831 and served the named document in the manner indicated below: [XX] BYMAIL: 1 caused true and corcect copies of the above documents, by following ordinary business practices, to be placed and sealed in envelope(s) addressed to the addressea(s), at the offices of DOWNS & ASSOCIATES, 31111 Agoura Road, Westlake Village, California 91361, for collection and meiling with the United States Postal Service, and in the ordinary course of business, correspondence placed for collection on a particular day is deposited with the United States Postal Service that same day, [ 1] BYPERSONAL SERVICE; I caused true and correct copies of the above documents to be placed and sealed In envelope(s) addressed to the addresses(s) and I caused such anvelope(s) to be delivered by hand on the office(s) of the addressees). [ 1 BYEXPRBSS SERVICES OVERNITE: Icaused true and correct capies of the gbove documents to be placed and sealed in envelope(s) addressed to the addressee(s) and I caused such envelope(s) to be delivered to EXPRESS SERVICES OVERNITE for overnight sourier service to the office (3) of the addressee(s), [ J BYFACSIMILE: I caused a copy(ies) of such document(s) to be transmitted via facsimile machine, The fax number of the machine from which the document was {ransmitted was fax number: . The fax number(s) of the machine(s) to which the document(s) were transmitted ars listed above, Akin fax wasted was reported gs complste and without &iYon 1 caused the transmitting facsimile xhie sched to this declavation. 1 declare under penalty of perjury under the laws g g ifqrnia that the foregoing is true and correct, Executed on at Westlake Villag AN Tidy Cangjiola NOTICE OF ENTRY OF JUDGMENT NO 00 ~~ N n Bh W N ) ee DN N N N N N N N N r e p e e t e m e d e b p m e d p d pe a CC N N rn B W ND = O O S N R W NY = O EXHIBIT “D” O e N S N nn BR W N e e N N N RD N N N N NY m e e d e a b m p e e m e m e m pe e pe e 0 1 O N hn B R O W N O O N N R W e e OD Judd Patton, Esq., Bar No. 320240 FORD, WALKER, HAGGERTY & BEHAR One World Trade Center Twenty-Seventh Floor Long Beach, California 90831-2700 (562) 983-2500 Attorneys for Defendant, RUKHSANA KHAN SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE - NORTH JUSTICE CENTER FARMERS INSURANCE EXCHANGE, Plaintiff, Vs. RUKHSANA KHAN, et al., Defendants. i N i t N e M e a a a N e N a N a a t S a a N a N a N a N n 1 I 1H I 1 Case No. 30-2017-00936307-CU-PA-NJC HON. CRAIG GRIFFIN DEPT. N17 DECLARATION OF RUKHSANA KHAN IN SUPPORT OF MOTION TO SET ASIDE ENTRY OF DEFAULT DECLARATION OF RUKHSANA KHAN am i © N O a N nn B W DN N N N N N N N N k m mm e d e m pe d e m e m e a e m pe a KR 3 Y n B R A W N = O D e N O DN W N DECLARATION OF RUKHSANA KHAN I, Rukhsana Khan, declare and state as follows: 1. I'am a defendant (“Defendant”) in the action of Farmers Insurance Exchange v. Rukhsana Khan, Orange County Superior Court, Case No. 30-2017-00936307-CU-PA-NJC (the “Lawsuit”). This declaration is submitted in support of Defendant’s Motion to Set Aside Entry of Default in this action, requested by Plaintiff Farmers Insurance Exchange (“Plaintiff”). The facts set forth herein are true and correct and are within my personal knowledge, and if called as a witness, I could and would testify competently thereto. 2s Currently, I do not reside at 2635 Milton Ave., Apt. 13, Fullerton, CA 92831-1428 (the “Milton Address”). I moved out of the Milton Address in December 2016. 3. I have never been personally served with either the Summons and Complaint for the Lawsuit, nor the Notice of Entry of Judgment. I have never received either the Summons and Complaint, nor the Notice of Entry of Judgment, in the mail or from any other source. The only documents I have received concerning the Lawsuit have come either from my insurer or my attorneys. I had no knowledge of this matter until I was contacted by my insurer approximately 3 months ago. My insurer informed me that a default had been taken against me. I did not understand that I had to answer Plaintiff's Summons and Complaint by a certain deadline. I mistakenly and inadvertently assumed that I was going to receive instructions on what to do from my insurance company. I did not try to avoid, and I am not avoiding, service of Plaintiff’s Summons and Complaint for the Lawsuit. 4, I have been informed by my attorney that the lawsuit was filed on August 8, 2017, that substituted service of the Summons and Complaint for the Lawsuit allegedly occurred at the Milton Address on November 19, 2017, and that service of the Notice of Entry of Judgment allegedly occurred by mail to the Milton Address on May 24, 2018. S. As of January 2017, and continuing through the present, I have not resided at the Milton Address. 6. As of January 2017, and continuing through the present, I have not received any mail at the Milton Address, nor have I had mail forwarded to me from the Milton Address. 2 DECLARATION OF RUKHSANA KHAN © © ~~ OO th BD W N em BR N N N N N N R N N r m e m e m pe a e d pe p m pe d e d pe 0 ~~ O N nn BA W N = O O e N N N R W O N = 7. As of January 2017, and continuing through the present, I have not visited the Milton Address. 8. I'lived at the Milton Address during the year of 2016 with several female roommates. I moved out from the Milton Address in December 2016. I did not have a boyfriend or husband at the time, and I did not reside at the Milton Address with any male roommate. 9, My attorney, Mr. Judd Patton, has read to me the description of the person that was allegedly sub-served with the Summons and Complaint for the Lawsuit. The person is described as a 60 year-old Caucasian male with brown hair and weighing 200 pounds. I do not know who this person is, nor has this person tried to contact me. 10. Since the Summons and Complaint were never provided to me, I never knew of the 30- day deadline to file a written response to the papers in Court and that a default could be entered against me. Also, since the Summons and Complaint were never provided to me, I never knew that I should contact my automobile insurance company regarding the Lawsuit. 11. It now is my understanding that an attorney from the law firm of Ford, Walker, Haggerty & Behar LLP is appearing to represent me in setting aside the entry of default in the Lawsuit. It is also now my understanding that Mr. Judd Patton from Ford, Walker, Haggerty & Behar LLP will represent me to defend against the claims in the Lawsuit. 12. I currently reside at 12701 Volkwood, Garden Grove, CA 92840. I have not hidden or made any efforts to conceal my residential address. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct of my own personal knowledge, except as to those matters stated to be based upon information and belief, and as to those matters, I am informed and believe them to be true. [Afra eG x : Executed this [7 day of November, 2018, at J hodd , California. A 7 emn Rukhgana Kiri - Declarant 3 DECLARATION OF RUKHSANA KHAN Oo 0 3 Sa un BA W O N N N N N N N DN RN N D r s e m e m e m e t e d mk e k p e pe «ww N N hh R A W N = O Y w y R W ND = o PROOF OF SERVICE FARMERS vs. KHAN 00218-580 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I am employed in the aforesaid county; I am over the age of eighteen years and not a party to the within entitled action; my business address is: One World Trade Center, Twenty-Seventh Floor, Long Beach, California 90831-2700 On November 30, 2018, I served the within: RUKHSANA KHAN’S NOTICE OF MOTION AND MOTION TO SET ASIDE ENTRY OF DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JUDD PATTON AND RUKHANA KHAN IN SUPPORT; [PROPOSED] ANSWER TO COMLAINT on the interested parties in said action, SEE ATTACHED SERVICE LIST _X (BY MAIL) Iam readily familiar with the firm's practice of collecting and processing of documents and correspondence for mailing with the United States Postal Service. Under that practice, on the above date the envelope was sealed and placed for collection and mailing following the ordinary business practices of our office. This results in the envelope being delivered to the United States Postal Service in Long Beach, California, that same day, with postage thereon fully prepaid. Executed on November 30, 2018, at Long Beach, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. PW US ( ROSA TOWNES 1 PROOF OF SERVICE OO 0 J A N nn BR W R BR N D D N D N ND N N N N m m e m m a et p t pm ee d pe e m pe s cL N Y A W D = O Y 0 YY W E R W N e e MAILING SERVICE LIST David A. Leeds, Esq. LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO 4607 Lakeview Canyon Rd., Suite 275 Westlake Village, California 91361 (818) 540-4420; (818) 540-4445 Fax FARMERS vs. KHAN 00218-580 2 PROOF OF SERVICE