Matera

James McLeod and Carolyn Minium appeal a default judgment and the denial of their motion for relief from the defaults and default judgment. Defendants moved for relief under Code of Civil Procedure section 473, subdivision (b) based on their attorney’s neglect in failing to comply with a discovery order and failing to oppose a motion for a terminating sanction. On appeal, they contend plaintiffs failed to provide actual notice of the amounts of compensatory and punitive damages requested a reasonable time before the defaults were entered and therefore are not entitled to recover any damages in the default judgment. Defendants also contend the denial of their motion for relief was error. Plaintiffs contend defendants’ notice of appeal was untimely.

We conclude that the notice of appeal was timely under rule 2(a) of the California Rules of Court, that plaintiffs failed to provide actual notice of the amounts of damages sought a reasonable time before the entry of defaults, and that defendants are entitled to mandatory relief from the defaults and default judgment based on their attorney’s declaration of fault. We therefore reverse the judgment with directions and reverse…