Flutie Entertainment USA, Inc. v. Gidding CA2/5

INTRODUCTION

Defendants and appellants John Gidding1 and John Gidding Designs, Inc. (defendants) appeal from the trial court’s order denying their motion under Code of Civil Procedure section 473.5 (section 473.5) to set aside a default judgment. The trial court denied the section 473.5 motion as, inter alia, untimely because it was filed more than six months after plaintiff and respondent Flutie Entertainment, Inc. (plaintiff) served the notice of entry of the default judgment. We hold that the trial court’s findings that the notice of entry of default judgment was properly served on defendants and that they had actual knowledge of the entry of the judgment by September 2011 were supported by substantial evidence. As a result, the trial court did not abuse its discretion by denying the section 473.5 motion as untimely. We therefore affirm the order denying defendants’ section 473.5 motion to set aside the default judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff filed a complaint against defendants on August 11, 2009. On September 14, 2009, plaintiff filed a proof of personal service of summons on the individual defendant and on October 30, 2009, plaintiff filed a proof of…