Rios v. Singh

• Decision Date: 25 May 2021
• Docket Number: C086959
• Citation: 280 Cal.Rptr.3d 404,65 Cal.App.5th 871
• Court: California Court of Appeals Court of Appeals
• Parties: John RIOS, Jr., Plaintiff and Respondent, v. Raghvendra "Raj" SINGH, Defendant and Appellant.

65 Cal.App.5th 871

280 Cal.Rptr.3d 404

John RIOS, Jr., Plaintiff and Respondent,

v.Raghvendra "Raj" SINGH, Defendant and Appellant.

C086959

Court of Appeal, Third District, California.

Filed May 25, 2021

Raj Singh, in pro. per., for Defendant and Appellant.

Clayeo C. Arnold, Anthony M. Ontiveros, Sacramento, and Kiersta D. Perlee, for Plaintiff and Respondent.

MAURO, J.

Raghvendra "Raj" Singh, representing himself, appeals from the default judgment entered in favor of John Rios, Jr., and against Singh and other defendants and the orders denying Singh's motions to set aside the default. Singh now contends (1) the trial court lacked personal jurisdiction because Rios did not properly serve the summons and complaint; (2) default was improperly entered because defendants filed an answer or reply on November 2, 2015; (3) the trial court erred in denying him relief under Code of Civil Procedure section 473.5 ;¹ (4) the trial court erred in awarding Rios damages where the complaint did not state the amount of damages; (5) Rios's counsel should have disclosed to Singh during their communications that Rios had filed documents in support of a request for entry of judgment; and (6) there are a number of defenses to the complaint.

We conclude (1) the trial court did not err in granting Rios's application for an order of service by publication and Singh fails to show that the service by publication here did not comply with section 415.50 ; (2) Singh's November 2, 2015 motion was not an answer and did not preclude the entry of default; (3) Singh did not satisfy the requirements for relief under section 473.5 ; (4) publication of the statement of damages provided Singh notice of the amount of damages Rios sought; (5) Singh was not entitled to further notices after the entry of default; and (6) we do not consider Singh's contentions on the merits because he has not shown that default was improperly entered. We will affirm the judgment.

BACKGROUND

Rios filed a complaint for premises liability against Singh, Kiran Rawat, and Singh and Rawat as trustees of The Ram Sita Trust. The complaint alleged defendants negligently owned, leased, occupied, controlled, repaired, maintained, inspected and/or managed certain real property located on Stockton Boulevard in Sacramento such that a fire broke out at the property and injured Rios.

In support of an ex parte application pursuant to section 415.50 for an order permitting service of a summons by publication in The Sacramento Bee newspaper, Rios declared that Singh, who Rios believed owned the Stockton Boulevard property, gave Rios and his fiancée permission to live in the house at the property in exchange for helping make repairs. Rios's fiancée died in a fire at the house, and Rios had burns on over 46 percent of his body.

Also in support of the ex parte application for service by publication, Rios's attorney Anthony Ontiveros declared that he hired private investigator Rick Rogers to identify the owner of the Stockton Boulevard property. Rogers's investigation showed that The Ram Sita Trust owned the property and Singh and Rawat were the trustees of the trust. Rogers provided Ontiveros with a post office box address in Sacramento for the trust. Ontiveros later asked Rogers to serve Singh and Rawat at an address on 28th Street in Sacramento, which Rogers's investigation found was the last known physical address for Singh and Rawat. Service at that address was unsuccessful.

A man identifying himself as Singh called Ontiveros about a month after Rios filed his complaint. Singh said he was aware of Rios's lawsuit, he had information about Rios which he would use if the lawsuit continued, and Ontiveros should drop the lawsuit against defendants and sue Sacramento County instead. Ontiveros tried to get Singh to meet Rogers but Singh refused any contact except by telephone.

Rogers passed away shortly thereafter, and Ontiveros hired private investigator Tom Campbell to find and serve process on defendants. In support of the ex parte application for service by publication, Campbell declared that he had learned that Singh and Rawat operated a business on 51st Avenue in Sacramento. Campbell's research showed that The Sitaram Trust, another trust associated with Singh and Rawat, owned the 51st Avenue property.

Nearly two months after Rios filed the complaint and the day before Campbell attempted to serve defendants at the 51st Avenue property, Ontiveros received a document titled "Notice and Request to Withdraw Frivolous Filing" and a letter by facsimile. The request contained the title and case number for Rios's complaint and purported to be signed by "Karen Singh," whose address was the same post office box address as for The Ram Sita Trust.² The request stated, "We heard that you filed above stated lawsuit. You are notified pursuant to California Civil Procedure Code sections 128.5 and 128.7 that we will request for sanctions and for damages against you if you do not withdraw the complaint in the above captioned case within 30 days.

The complaint in the above captioned case is frivolous, is for improper purpose, and is filed to harass or to cause unnecessary delay or needless increase in the cost of litigation. Karen Singh never had any contact with John Rios. So, Karen Singh can never be liable. The house was not under the control of defendants at the time of incident. Notices and the Sheriff clarified to everyone on several occasions that it was a crime to stay in the house at the time of incident. So, plaintiff should be behind bars for trespassing, living in inhabitable [sic ] house and other crimes. Defendants believe that plaintiff conspired with others to burn the house."

The accompanying letter was addressed to the "[a]ttorney for the welfare of John Rios." It was unsigned. The letter threatened to request sanctions and initiate a malpractice lawsuit against Rios's attorney and to disclose Rios's criminal activities if the lawsuit was not dismissed.

Campbell attempted to serve Singh and Rawat at the 51st Avenue property on July 29, 2015. It was an industrial and commercial property with an office building set back about 75 yards from a locked gate. Campbell spoke to a black male who was inside the fenced area and who appeared to be guarding the premises. That person said Singh should be there within the next few hours. Campbell saw the man again when he returned to the property about two hours later. The person said Singh was regularly at that site, mostly during mid-day. The gate remained locked. Campbell did not see any activity at the office.

Singh called Ontiveros later that afternoon and left messages asking for a return call. When Campbell returned Singh's calls, Singh told Campbell he would not cooperate with attempts to serve him.

Campbell returned to the 51st Avenue property on August 5, 2015. The gate remained locked and there was no one at the property except for the man who appeared to be a guard. The man again told Campbell that Singh came to the property most days at mid-day. Campbell again returned to the property at about 1 p.m. the next day. The gate was locked and he did not see anyone on the premises.

Ontiveros sent the summons, complaint and an acknowledgment of receipt of the summons to Singh at the post office box address for The Ram Sita Trust on August 24, 2015. The same documents were sent the same day to the post office box, addressed to Rawat. Ontiveros received no response from Singh or Rawat.

Three months after he filed his complaint, Rios filed the ex parte application for service by publication on the ground that defendants were evading service of process. The trial court granted the application, ordering that the summons be served by publication in The Sacramento Bee once a week for four weeks. Rios subsequently filed a declaration of publication showing compliance with the order.

Singh filed a motion to set aside all rulings by the trial court and a document titled "reply" on November 2, 2015. Those papers showed that Singh's address was the same post office box as for Rawat and The Ram Sita Trust. Singh asserted that Judge Cadei, who signed the order for publication, was biased against defendants. He also claimed Rios did not authorize the lawsuit; Rios caused the fire; and Rios was a career criminal and had committed many crimes on the property. No declaration accompanied the motion and reply.

The trial court noted that the only order it had granted was the order permitting service of the summons by publication and Singh did not explain why that order should be set aside. Therefore, the trial court refused to set aside its order for service by publication.

More than five months later, Rios filed a request for entry of default, seeking a judgment of $4,803,764 including costs of $3,764 against defendants. A copy of the request was sent by mail to Singh, Rawat and The Ram Sita Trust at their post office box address. Default was entered the same day.

Singh and Rawat filed a motion to set aside the default and for other relief and a document titled "reply" shortly thereafter. They argued that the default was improperly entered because defendants had filed an answer on November 2, 2015. They further asserted that service by publication was improper because Rios knew their address but did not serve them there; the service by publication did not disclose the content of the complaint; and they did not see any publication. Singh and Rawat sought relief under sections 473 and 473.5. Their "reply" attacked the complaint and asserted various defenses.

The trial court denied Singh and Rawat's motion, noting that no answer had been filed and that defendants did not submit a declaration or any evidence supporting their claims regarding improper service.

Singh and Rawat filed a motion for reconsideration, repeating many of the same arguments raised in their set-aside motion. Singh submitted a supporting declaration asserting the following: Rios knew defendants’ address but did not...