Izzi

This dispute had its origin in another lawsuit, Jackson v. Parra, Los Angeles Superior Court case number C 228-366. In that action appellant (Dennis James Izzi) represented the plaintiff in a suit for personal injuries and property damage sustained by the plaintiff in an automobile accident. The complaint in that case was filed on January 31, 1978, and was served on defendant Parra on February 5, 1978. According to section 412.20, subdivision (a)(3), of the Code of Civil Procedure, defendant Parra had until March 7 to fi(e responsive pleadings.

The defense of this matter was entrusted to the defendant’s insurance company, the Automobile Club of Southern California. That company’s agent, a Ms. Greer Malone, was assigned to administer the file. On February 27, 1978, Ms. Malone mailed that file to respondent (Chris S. Rellas), an attorney, for the legal defense of the complaint.

It was not until March 8 that Mr. Relias’ office received the file, at which point respondent Rellas attempted in vain to reach appellant Izzi for an extension of time in which to answer the complaint. On that very same day, March 8, Mr. Izzi petitioned the court for a default to which the court…