Chichyan v. Roger CA2/7
Dimitri Roger appeals from an order denying his motion to set aside the default judgment entered in favor of Haikuhe Chichyan. Chichyan sued Roger for breach of contract and related claims arising from Roger’s lease of real property in Los Angeles (the property). After Roger failed to file an answer, the clerk entered a default, and the trial court entered a default judgment. Roger moved to set aside the default judgment under the court’s equitable powers, asserting he was not personally served and did not learn of Chichyan’s lawsuit until about four months after entry of the default judgment, after which he acted expeditiously to set it aside. The trial court rejected Roger’s argument he was not on notice of the lawsuit, and it denied Roger’s motion for relief from the default judgment, finding based on the process server’s declaration and video evidence that Roger deliberately avoided service of the summons and complaint.
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