California Court of Appeal

Cruz v. Fagor Am., Inc., D048064

Grant of defendant's motion to set aside default and default judgment, due to ineffective service of summons and complaint, is reversed as plaintiff met all of the statutory requirements for effective service of process on a foreign corporation, the trial court erred in concluding that the judgment was void for lack of valid service of process, and defendant failed to present a satisfactory excuse for its failure to defend against the action and to failed to show that it acted with diligence in seeking to set aside the default.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Office of Harold D. Thompson, Harold D. Thompson and Anthony D. Thompson for Plaintiff and Appellant.


• For Appellees:
  
• Grimm, Vranjes, McCormick & Graham and Kathleen McCormick, San Diego, for Defendant and Respondent.