Defendants Lawrence Wu and Mealea Men (collectively, “Defendants”) demur to the complaint (“Complaint”) filed by plaintiff Majid Marhamat (“Plaintiff”).
I. Factual and Procedural Background
This is an action seeking equitable relief from default and default judgment. According to the allegations of the operative Complaint, on July 21, 2006, Defendants filed an action in this Court against Plaintiff for breach of contract and common counts entitled Wu, et al. v. Marhamat, residential property purchase agreement for a property (the “Subject Property”) located in Saratoga. (Complaint, ¶ 3.) On November 14, 2006, Defendants obtained entry of default in the foregoing action, followed by entry of a default judgment on August 18, 2008. (Id., ¶ 4, Exhibit A.)
Plaintiff alleges that the default and default judgment in the Original Action were obtained through extrinsic fraud, particularly in that he was never served with the summons and complaint, and that the proof of service of summons fil
Hearing Date
May 02, 2019
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Defendants Lawrence Wu and Mealea Men (collectively, “Defendants”) demur to the complaint (“Complaint”) filed by plaintiff Majid Marhamat (“Plaintiff”).
I. Factual and Procedural Background
This is an action seeking equitable relief from default and default judgment. According to the allegations of the operative Complaint, on July 21, 2006, Defendants filed an action in this Court against Plaintiff for breach of contract and common counts entitled Wu, et al. v. Marhamat, residential property purchase agreement for a property (the “Subject Property”) located in Saratoga. (Complaint, ¶ 3.) On November 14, 2006, Defendants obtained entry of default in the foregoing action, followed by entry of a default judgment on August 18, 2008. (Id., ¶ 4, Exhibit A.)
Plaintiff alleges that the default and default judgment in the Original Action were obtained through extrinsic fraud, particularly in that he was never served with the summons and complaint, and that the proof of service of summons fil