Kalar

We are presented here with the issue of whether a complaining party is required to designate and serve a corporation in its corporate capacity in order to obtain an enforceable default judgment. We conclude such a requirement exists.

Procedural History

On January 18, 1991, Earl W. Schott, Inc. (Schott), filed a complaint for breach of contract, fraud and common counts against “Gary Kalar, individually and DBA Kalar Construction Co.” (hereafter collectively called Kalar), and Does 1 to 10.

On May 20, 1991, Schott filed its first proof of service of the summons and complaint. This proof of service indicated that on May 16 both Gary Kalar, an individual, and Kalar Construction Company, an association or partnership, were served by leaving a copy of the summons and complaint with Ken Amey, their office manager. There was no declaration of due diligence filed at that time nor a notation of the subsequent mailing of a copy of the summons and complaint.

On June 24, 1991, respondent filed a request for entry of default. Noting that respondent’s proofs of service were defective, the clerk refused to enter the default as requested. Schott subsequently made three more requests…