Tentative ruling issued by Judge Richard L. Fruin on Aug. 10, 2021 in Los Angeles County, CA - Case no: xxxxx358

#8 TENTATIVE RULING 9:15 a.m., Tuesday, August 10, 2021

TODD ULMAN v. SEMPER SOLARIS CONSTRUCTION, INC., Case No. 21 STCV16358

RULING ON DEFENDANT’S MOTION TO SET ASIDE DEFAULT UNDER CCP 473.5

DENIED. MP provides no evidence that it had no actual notice of service of process nor that MP’s neglect was inexcusable. Service on the agent for service of process is actual notice.

However, plaintiffs’ complaint does not plead an amount of damages. The Court understands that plaintiffs’ paid defendant $44,000 for installation of a solar system but plaintiffs’ damages arise from alleged negligent damage to their property occurring during the installation of the solar system. A plaintiff must plead an amount of damage in order to obtain a default judgment for damages.

The parties should reach an accommodation.

Copy of TR e-mailed to counsel at 9 a.m.