Cyrus

The matter at bench involves cross-appeals from a default judgment. Defendants contend: (1) the trial court erred in denying their motion to be relieved from default on the ground of excusable neglect; (2) the court failed to obtain personal jurisdiction because of defective service of summons; and (3) the complaint fails to allege facts sufficient to support exemplaiy damages. In her cross-appeal, plaintiff contends that the trial court erred when, after referring the assessment of damages to a juiy pursuant to Code of Civil Procedure section 585, subdivision 2, it reduced the jury’s award from a total of $53,777.97 to $23,277.97 and entered judgment for the smaller amount.

We conclude: (1) the trial court did not abuse its discretion in denying defendants’ motion to be relieved from default; (2) service of summons was not defective; (3) the complaint fails to allege facts sufficient to support an award of punitive damages; and (4) the trial court did not err in reducing the jury award. We modify the judgment to eliminate punitive damages and affirm the judgment as modified.

Facts

Plaintiff filed her unverified complaint which commenced the case at bench on February…