The Price Reit v. Poke-Ria CA4/3

STATEMENT OF FACTS

The Price Reit, Inc. (plaintiff) filed the underlying lawsuit in October 2020. Plaintiff filed a proof of personal service of summons asserting Hussam had been served in November 2020 in Orange County. Hussam would later claim that on the same day as the purported service, he had been “over 600 miles away” as proved by a picture of a rainbow he purportedly took with a cell phone. In December 2021, Chade was added as a defendant through a first amended complaint. Subsequently, plaintiff filed three proofs of service asserting that substitute services of summonses and the first amended complaint were completed for all of the defendants in January and February 2022.

1 We will refer to the individuals by their first name because they share a surname.

2 In February 2022, plaintiff requested Chade’s default be entered, and the trial court clerk granted the request the same day. Also that day, 2 plaintiff mailed to defendants copies of its request for entry of default. As to Hussam and the company, on April 11, 2022, plaintiff requested entry of defaults against them (collectively the April 2022 default requests). The clerk granted the requests the following day and…