Twine

Defendant Compton Supermarket appeals from a default judgment in a personal injury case in favor of plaintiffs Al and Jose Twine following the denial of its motion to set aside the default judgment. Defendant, citing Plotitsa v. Superior Court (1983) 140 Cal.App.3d 755 [ 189 Cal.Rptr. 769 ], contends that the default judgment should be reversed and the default vacated because the damages statement was not personally served and the default was entered within three days of service by mail. We conclude that the Plotitsa decision applies retroactively and, accordingly, must reverse.

Plaintiffs filed a complaint for personal injury and loss of consortium against defendant arising out of a slip and fall incident in September 1982. When defendant did not answer, plaintiffs filed a request to enter default asking for damages “as determined by the Court” and serving a copy by mail. On January 13, 1983, the court, on its own motion, set aside the default for plaintiffs’ failure to comply with the requirement of Code of Civil Procedure section 425.II that defendant be served with a damages statement before entry of default. On January 18, plaintiffs then mailed defendant a…