Carr
Carr v. Kamins
Opinion
Opinion
Flier, J.
Arlene Frances Kamins appeals from the superior court’s orders denying her motion to vacate a judgment quieting title to property and denying her motion for reconsideration. Because we find the judgment was obtained in violation of appellant’s constitutional right to due process of law, we reverse the order denying the motion to vacate the judgment.
FACTS AND PROCEDURAL HISTORY
On November 26, 2000, respondent John A. Carr filed a complaint to quiet title by adverse possession to the property at 101 North Cedar Avenue, Inglewood, California 90301 (Inglewood property). He named as defendants Joseph F. Kamins and “the testate and intestate successors of Joseph F. Kamins, believed to be deceased[,] and all persons claiming by, through, or under such decedent.”
Asserting he was unable to serve Joseph F. Kamins by personal or substituted service, respondent obtained an order for service by publication of the amended summons from the court. On October 19, 2001, the clerk entered the default of all defendants and, after an evidentiary hearing, the court entered a judgment in respondent’s favor quieting title to the Inglewood property.