One Hour Air Conditioning Franchising SPE LLC v. Bigham Services, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ONE HOUR AIR CONDITIONING Case No. 21-cv-07891-VC FRANCHISING SPE LLC, et al.,

Plaintiffs, ORDER GRANTING MOTION FOR

DEFAULT JUDGMENT

v. Re: Dkt. No. 45 BIGHAM SERVICES, INC., et al., Defendants.

The motion for default judgment is granted. The Court has subject matter and personal jurisdiction over this case. The plaintiffs have not perfectly complied with California’s service provisions for entity defendants because the proof of service did not contain a statement giving Ohayon notice that he was being served on behalf of Bigham Services and as an individual. See Cal. Civ. Pro. Code §§ 412.30, 417.10(a), (c). But perfect compliance is not required. Substantial compliance is sufficient. Travelers Casualty and Surety Company of America v. Brenneke, 551 F.3d 1132, 1135 (9th Cir. 2009). And these circumstances—where the summons clearly lists both defendants and subsequent communications between the parties and their lawyers make clear that both sides understood Ohayon to have been served both in his individual capacity and on behalf of the corporation—constitute substantial compliance. See, e.g.,…