Saberi

I.

Defendant, Sia Bakhtiari, appeals from a default judgment, entered in an unlawful detainer action, which awarded plaintiff, Andy Saberi, possession of commercial premises located in San Francisco plus damages of $37,066 and costs. Defendant contends (1) that the judgment should be reversed with directions to the trial court to dismiss the complaint due to a fatal jurisdictional defect; (2) alternatively, that the judgment should be reversed and the cause remanded for further proceedings because the trial court abused its discretion in denying defendant’s motion to set aside entry of default pursuant to Code of Civil Procedure section 473; and (3) that if the entry of default is allowed to stand, the judgment should be reversed and the cause remanded to the trial court for a new hearing with respect to the proper amount of damages.

We determine that there is no jurisdictional defect in the complaint requiring dismissal of the action. We do conclude, however, that the trial court abused its discretion in denying the motion to set aside entry of default. Accordingly, we reverse the judgment and remand the cause to the superior court.

On April 29, 1982, plaintiff filed…