Burrow v. Nguyen CA6

CourtCalifornia Court of Appeal
DecidedJune 25, 2025
DocketH051422
StatusUnpublished

This text of Burrow v. Nguyen CA6 (Burrow v. Nguyen CA6) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Burrow v. Nguyen CA6, (Cal. Ct. App. 2025).

Opinion

Filed 6/25/25 Burrow v. Nguyen CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

HUONG BURROW et al., H051422 (Santa Clara County Plaintiffs and Appellants, Super. Ct. No. 21CV382438)

v.

LONG THANH NGUYEN et al.,

Defendants and Respondents.

Huong and Neil Burrow (the Burrows) obtained default judgments against Long Thanh Nguyen (Long), LTN Market Ventures LLC (LTN), Joseph Nguyen (Joseph), Jenny Nguyen (Jenny), Hai Thanh Nguyen (Hai), Long’s Landscaping and Construction (Long’s Landscaping), and Long’s Landscape and Construction, LLC (Long’s Landscape) (collectively, defendants)1 when defendants failed to respond to the Burrows’ first amended complaint. All defendants except for LTN filed motions for new trial (Code Civ. Proc.,2 §§ 657, 661), to vacate judgment (§ 663), to set aside a

1 For clarity, we generally refer to the individual defendants by their

first names. 2 All further unspecified statutory references are to the Code of Civil

Procedure. void judgment (§ 473, subd. (d)), and to set aside default (§ 473, subd. (b)), which the trial court granted. The Burrows appeal the orders granting defendants’ motions. For the reasons stated below, we direct the trial court to modify the challenged orders to specify that the motions are granted solely as to Long, Joseph, Jenny, Hai, Long’s Landscaping, and Long’s Landscape, and the default judgment entered against LTN remains unchallenged and valid. We affirm the challenged orders as modified. I. FACTS AND PROCEDURAL BACKGROUND On May 18, 2021, the Burrows filed a complaint against Long, LTN, and three LTN employees.3 The proofs of service state that LTN was personally served through its authorized agent in Las Vegas (the Las Vegas address) with the summons and complaint on June 10, 2021. Long was personally served with the same documents at his address on Diller Street in Alameda (the Diller Street address) on June 18, 2021. Long and LTN do not challenge service of the original summons and complaint. On July 22, 2021, the Burrows filed a request for entry of default, and the court entered default against LTN. On July 27, 2021, the Burrows filed a request for entry of default, and the court entered default against Long. On August 17, 2021, the Burrows filed a first amended complaint against most of the original defendants—Long, LTN, and two LTN employees4—and added Joseph, Jenny, Hai, Long’s Landscaping, and Long’s Landscape as defendants. The Burrows requested a minimum of $510,000 in

3 As the facts underlying the Burrows’ complaint in the trial court are

not relevant to the analysis and disposition of this appeal, we do not recount them here. 4 The Burrows dismissed their first amended complaint against the

LTN employees, and they are not parties to the appeal. 2 compensatory damages, special and incidental damages, and punitive damages, all subject to proof, among other relief. The proofs of service state that Jenny, Joseph, and Hai were all personally served with various documents, including the summons and first amended complaint, at their address on Charing Cross Road in Berkeley (the Charing Cross address) on October 12, 2021, at 7:45 p.m.; Long was personally served with the same documents at the Diller Street address on October 12, 2021, at 7:20 p.m.; Long’s Landscape and Long’s Landscaping were each served through their registered agent and general partner authorized to accept service (Joseph), at the Charing Cross address on October 12, 2021, at 7:45 p.m.; and LTN was served through its authorized agent at the Las Vegas address on October 13, 2021, at 12:05 p.m. (the Charing Cross address, Diller Street address, and Las Vegas address are collectively referred to hereafter as the service addresses).5 The Burrows had the first amended complaint, summons, and other documents translated into Vietnamese and served the translated documents on Joseph and Jenny by mail on November 2, 2021. The Burrows stated that they provided the translations to Joseph and Jenny “[t]o ensure [that they] understood the allegations against them and all material information pertaining to th[e] action.” The Burrows also had Joseph and Jenny personally served with these translated documents on November 11, 2021. The proofs of service state that the documents were personally served on Joseph and Jenny at the Charing Cross address at 7:31 p.m.

5 The Burrows also served on defendants by certified mail, return

receipt requested, notices of lis pendens and related notices against defendants’ properties. 3 It is undisputed that defendants did not file an answer or otherwise respond to the first amended complaint. On November 19, 2021, the Burrows requested the entry of default against Hai, Jenny, Joseph, Long, Long’s Landscape, Long’s Landscaping, and LTN. The clerk entered default against defendants on November 19, 2021, November 21, 2021, and May 5, 2022.6 The proofs of service for the requests for entry of default against Long, Joseph, Jenny, Hai, LTN, and Long’s Landscaping stated that they were each served the specific request for entry of default against them by mail at the applicable service address on November 19, 2021. The proof of service for the request for entry of default against Long’s Landscape states that it was served by mail on defendants at their respective service addresses on May 5, 2022. On May 26, 2022, the Burrows filed an application for default judgment, together with supporting declarations, against defendants under section 585, subdivisions (b) and (d) for failure to respond to the first amended complaint, noting that the six-month period within which defendants could have sought relief had expired on May 19, 2022.7 They requested in their section 425.115 statements punitive damages of $1.5 million against Long, Joseph, Jenny, and Hai individually. That same day, the court entered default, and the Burrows served by mail their application

6 The trial court did not initially enter a default against Long’s

Landscape because the Burrows provided the incorrect filing date for the complaint in their request. On May 5, 2022, the Burrows filed a new request for entry of default against Long’s Landscape, which the court granted. 7 The Burrows acknowledged that their request for entry of default had

not yet been granted with respect to Long’s Landscape at the time they filed their application for default judgment. Nevertheless, they included Long’s Landscape in the application. Long’s Landscape does not challenge this timing on appeal. 4 and supporting declarations, as well as their request for entry of default, on defendants at the service addresses. On March 6, 2023, Judge Sunil R. Kulkarni held a “prove-up” hearing and examined the Burrows’ witnesses. Defendants did not appear at the hearing. Two days later, Judge Kulkarni entered judgment in favor of the Burrows and against defendants because of defendants’ failure to answer or otherwise respond to the first amended complaint within the time allowed under section 412.20. As pertinent to this appeal, among other relief granted (including $510,000 in compensatory damages), the court ordered Long to pay $2 million in punitive damages to the Burrows. On May 1, 2023, the Burrows filed the notice of entry of judgment and served the notice by mail on defendants.

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