Hendrix

This case comes to us following the trial court’s refusal to reconsider a default judgment entered against appellant. Although this court must give deference to a trial court’s finding of fact (see generally, Dolan v. Buena Engineers, Inc. (1994) 24 Cal.App.4th 1500 [ 29 Cal.Rptr.2d 903 ]), we find the error in this case turns on a question of law. The factual question as to whether the trial judge erred in finding respondent fully complied with Code of Civil Procedure section 415.50, subdivision (b) is irrelevant. We hold as a matter of law respondent failed to comply with the prerequisites in filing its application for an order allowing service by publication. Accordingly, we reverse and remand.

Facts and Proceedings Below

This case follows an earlier complaint involving the same parties and the same cause of action. The first complaint was dismissed on March 29,1992. The present action arose in June of 1992 when respondent filed a second complaint alleging appellant’s failure to repay a promissory note and seeking damages for common counts.

The parties agree appellant was not a resident of California at the time the second complaint was filed. Further, the parties…