Sakaguchi

Takeshi Ted Sakaguchi appeals from an order denying his motion to set aside an entry of default and subsequent default judgment against him. His primary argument is that service of process and the statement of damages were defective. Because of that, he contends, the judgment is void or voidable and subject to being set aside pursuant to Code of Civil Procedure sections 473, subdivision (d), and 473.5, or under the court’s equitable power.

We conclude service was proper, and Takeshi is not entitled to relief on statutory or equitable grounds. We shall affirm the order.

FACTUAL AND PROCEDURAL SUMMARY

In March 2004, Takeshi entered a guilty plea to one count of corporal injury to a spouse and was sentenced to state prison. While he was incarcerated, his spouse, respondent Guillermina Sakaguchi, commenced the present civil action. Guillermina’s complaint, filed October 8, 2004, alleged causes of action for assault, battery, domestic violence, false imprisonment, intentional infliction of emotional distress, negligence, and defamation, and requested compensatory and punitive damages. “Takechi ‘Ted’ Sakaguchi, and Does 1 through 10” were named as defendants.

In early 2005,…