Anderson

Defendants appeal from the judgment entered against them following their defaults and from denial of their postjudgment motion to set aside the defaults and the default judgment.

Facts

In October 1978 an automobile accident occurred as a result of which plaintiff suffered personal injuries. Defendant Maxine Sherman, a resident of Michigan, was driving the tractor-trailer rig owned by defendant Earl Henderson, a resident of Illinois, which struck the rear of plaintiff’s vehicle.

On August 29, 1979, plaintiff filed a complaint for damages for personal injuries. On September 28, 1979, plaintiff’s attorney served both defendants pursuant to the provisions of Code of Civil Procedure section 415.40 by mailing a copy of the summons and complaint by certified mail, restricted delivery, return receipt requested, to each of them at their respective out-of-state addresses. He also included in each mailing a “Notice and Acknowledgment of Receipt” which is an integral part of service by mail under section 415.30 but not section 415.40. The summons thus mailed to each defendant featured the familiar urgent advice that the defendant must respond within 30 days after service.

Before…