CL0001080 JP Morgan Chase Bank, N.A. vs. Ryan Szalankiewicz
Defendant’s Motion to Set Aside Default and Default Judgment is denied.
Evidence Code section 647 creates a legal presumption that the facts stated in a proof of service filed by a registered process server are true and that the service of process is valid. Here, Defendant does not contend that he was not at the address in question on the date of service. Defendant also does not state that the person described is not him. Thus, Defendant has failed to overcome the presumption that he was validly served.
In addition or in the alternative, Defendant contends that he “found” the documents on November 16, 2023. However, Default was not entered until November 30, 2023. Defendant provides no explanation as to why he failed to file a responsive pleading after he “found” the documents.
Therefore, the motion to set aside default and default judgment is denied. Defendant has failed to demonstrate mistake, inadvertence,
Hearing Date
March 29, 2024
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CL0001080 JP Morgan Chase Bank, N.A. vs. Ryan Szalankiewicz
Defendant’s Motion to Set Aside Default and Default Judgment is denied.
Evidence Code section 647 creates a legal presumption that the facts stated in a proof of service filed by a registered process server are true and that the service of process is valid. Here, Defendant does not contend that he was not at the address in question on the date of service. Defendant also does not state that the person described is not him. Thus, Defendant has failed to overcome the presumption that he was validly served.
In addition or in the alternative, Defendant contends that he “found” the documents on November 16, 2023. However, Default was not entered until November 30, 2023. Defendant provides no explanation as to why he failed to file a responsive pleading after he “found” the documents.
Therefore, the motion to set aside default and default judgment is denied. Defendant has failed to demonstrate mistake, inadvertence,