§Why CasetextPricing

Motion To Set aside

Motion

13 Cited authorities

  1. Dill v. Berquist Construction Co.

    24 Cal.App.4th 1426 (Cal. Ct. App. 1994)   Cited 266 times
    Holding that service of process fails when sent generally to a business's address

  2. Elston v. City of Turlock

    38 Cal.3d 227 (Cal. 1985)   Cited 237 times
    Ruling on a motion for relief will not be overturned absent an abuse of discretion

  3. Fasuyi v. Permatex, Inc.

    167 Cal.App.4th 681 (Cal. Ct. App. 2008)   Cited 117 times
    In Fasuyi, supra, 167 Cal.App.4th at page 701, we addressed a similar situation involving a represented defendant, in which the plaintiff's "counsel took the default without so much as a reminder, let alone a warning, about any responsive pleading.

  4. Lee v. an

    168 Cal.App.4th 558 (Cal. Ct. App. 2008)   Cited 108 times
    Holding that a prior court's use of the term "void" outside the context of distinguishing void from voidable orders does not control "for the purpose of deciding whether relief could be sought after the six-month period in section 473, subdivision (b)"

  5. Ramos v. Homeward Residential, Inc.

    223 Cal.App.4th 1434 (Cal. Ct. App. 2014)   Cited 91 times
    Holding that failure to identity the person to be served, which means an individual and not a corporate entity, and failure to provide evidence that an individual actually received the summons, resulted in insufficient service of process on a corporation under California's Code of Civil Procedure

  6. Summers v. Mcclanahan

    140 Cal.App.4th 403 (Cal. Ct. App. 2006)   Cited 74 times
    Holding that a personal manager was not a close enough relationship to ensure actual notice of service due to lack of evidence that they were in constant communication

  7. Ruttenberg v. Ruttenberg

    53 Cal.App.4th 801 (Cal. Ct. App. 1997)   Cited 66 times
    In Ruttenberg, the court explained: "If an heir refuses to participate in the suit as a plaintiff, he or she may be named as a defendant so that all heirs are before the court in the same action.

  8. Renoir v. Redstar Corp.

    123 Cal.App.4th 1145 (Cal. Ct. App. 2004)   Cited 39 times
    Recognizing right of specially appearing defendant to set aside judgment deemed void due to lack of personal jurisdiction

  9. Au-Yang v. Barton

    21 Cal.4th 958 (Cal. 1999)   Cited 40 times
    Distinguishing continued or trailed trial dates, which do not require additional notice under section 594, and advanced trial dates, which do require notice

  10. Lebel v. Mai

    210 Cal.App.4th 1154 (Cal. Ct. App. 2012)   Cited 20 times
    Noting plaintiff tenant failed to exercise reasonable diligence in ascertaining a foreign landlord's address for purposes of the Hague Convention when plaintiff knew landlord lived in London, England and when defendant had provided plaintiff both his email address and telephone number where he could be reached in connection with the tenancy