California Court of Appeal

Trial court's grant of defendant's motion to vacate a default judgment entered in favor of plaintiff, finding that the evidence showed no actual service on defendant, is reversed where: 1) because defendant's motion was filed more than two years after entry of judgment, the trial court's review was limited to the face of the record, and therefore, the trial court erred by considering the evidence attached to defendant's motion; 2) although the use of a fictitious name may at times be risky, leading to a successful evidentiary challenge to service, it does not make proof of service void on its face.

Appellate Information

• Decided 08/05/2010
• Published 08/05/2010

Judges

• HULL

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• James J. Falcone, Brad Stuckey