Kendall

Plaintiff-appellant Harold Kendall appeals from an order of the trial court granting defendant-respondent Ed Barker relief from entry of a default under California Code of Civil Procedure section 473. We reverse.

Background

On May 3, 1985, appellant filed a complaint for damages for breach of employment agreement in Alameda County Superior Court. Allied Investigations, Inc., and Does 1 through 50 were named as defendants. On November 7, 1985, respondent was personally served as “Doe I.” Proof of service was filed with the court on July 14, 1986. On July 18, 1986, appellant’s counsel sent a letter to Dennis Sullivan, the attorney for Allied Investigations, of which respondent was president. The letter enclosed a copy of proof of personal service of summons and complaint, informed Mr. Sullivan that respondent had been joined as a defendant in the subject action and advised that a responsive pleading by respondent was expected by September 1, 1986.

When no response to the July 18 letter was forthcoming, appellant served by mail a request to enter respondents’ default. Both Sullivan and respondent individually were served with the request on September 30 and the default…