Luther

FACTS

In January 2018, plaintiffs filed the operative first amended complaint against defendant and his company, Delabar Construction Company (DCC). The complaint alleged the parties entered into an oral contract whereby defendant and DCC agreed to make certain improvements to plaintiffs’ home. Defendant and DCC allegedly failed to complete the improvements or constructed them in a defective manner. The complaint accordingly alleged claims for breach of contract, breach of implied warranty, and negligence. In March 2018, the court entered a default against defendant and DCC after they failed to respond to the complaint. In July 2018, defendant and DCC filed a motion to set aside the default, which the court granted in the following month. Defendant and DCC then filed an answer to the complaint. In January 2019, defendant’s attorney filed a motion to be relieved as the attorney of record for defendant and DCC. The court granted the motion a few months later, and defendant proceeded in propria persona. In June 2019, plaintiffs filed a motion for summary adjudication on their breach of contract claim (the MSA). Defendant failed to file any response, and plaintiffs filed a notice of…