Planful

BACKGROUND

Planful filed a breach of contract action against Global Growth, alleging that Global Growth failed to pay Planful under the terms of a subscription agreement for a technological program. Global Growth defaulted and the trial court entered judgment against it on February 2, 2024. On October 2, 2024, Global Growth moved to set aside the default under Code of Civil Procedure section 473, subdivision (b) (section 473(b)).

1 All undesignated statutory references are to the Code of Civil

Procedure. 1 Global Growth asserted that its agent for service of process did not notify it of Planful’s action and it only learned of the action when Planful filed a domestication of judgment in Global Growth’s home state of North Carolina. In support, Global Growth submitted a declaration by its chairman, Greg Lindberg, stating that Global Growth first became aware of the action on July 18, 2024, and that the failures of notice were “due to errors from the registered agent.” Lindberg did not describe the nature of those errors, saying only that “[i]n 2023 a whole list of companies including [Global Growth] were moved to CT Corp. [Global Growth’s agent for service of process]” and…