Case Number:
22STCV17913
Hearing Date:
November 28, 2022
Dept:
52
Order to Show Cause Re: Entry of Default Judgment
Plaintiff Luis Licea has not given valid proof of service of summons on defendant Kathy Kuo Designs Inc.
Plaintiffs proof of service shows personal service on Kathy Kuo Designs Inc. via the person served CT Corporation System, Inc., registered agent.
According to records of the Secretary of State subject to judicial notice, defendants registered agent for service of process is Business Filings Incorporated, not CT Corporation System, Inc.
The court therefore must vacate defendants default.
Though plaintiff has not yet requested default judgment, this complaint cannot support a default judgment.
Under the well pleaded complaint rule, it is error to enter a default judgment on a complaint that fails to state a cause of action against the defaulting defendant.
(
Ferraro v. Camarlinghi
(2008) 161 Cal.App.4th 509, 539.)
Plaintiff Luis Li
Hearing Date
November 28, 2022
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Case Number:
22STCV17913
Hearing Date:
November 28, 2022
Dept:
52
Order to Show Cause Re: Entry of Default Judgment
Plaintiff Luis Licea has not given valid proof of service of summons on defendant Kathy Kuo Designs Inc.
Plaintiffs proof of service shows personal service on Kathy Kuo Designs Inc. via the person served CT Corporation System, Inc., registered agent.
According to records of the Secretary of State subject to judicial notice, defendants registered agent for service of process is Business Filings Incorporated, not CT Corporation System, Inc.
The court therefore must vacate defendants default.
Though plaintiff has not yet requested default judgment, this complaint cannot support a default judgment.
Under the well pleaded complaint rule, it is error to enter a default judgment on a complaint that fails to state a cause of action against the defaulting defendant.
(
Ferraro v. Camarlinghi
(2008) 161 Cal.App.4th 509, 539.)
Plaintiff Luis Li