Ellard

Ellard v. Conway

Bad Law
114 Cal. Rptr. 2d 399·2001 Cal. App. LEXIS 3149·2001 Daily Journal DAR 12929·94 Cal. App. 4th 540·2001 Cal. Daily Op. Serv. 10373
Court of Appeal of CaliforniaDecember 12, 2001G024339California2,694 words

Opinion

Opinion

O'Leary, J.

Larry and Marilyn Conway (collectively the Conways unless the context indicates otherwise) and United Business Ventures, Inc. (United), appeal from an order denying their motion to vacate a default judgment entered against them in favor of Henry A. and Lillian Ellard (the Ellards). The Conways argue the default judgment was void because they were not properly served, and the trial court abused its discretion when it denied their motion because they did not receive actual notice of the lawsuit. We affirm.

I

The Ellards executed and delivered deeds of trust to the Conways on three residential properties to secure various promissory notes. United was the escrow company for two of the properties. In July 1997, the Ellards sued the Conways for fraud and asked the trial court to void the deeds of trust and notes. In October 1997, the process server attempted to serve the Conways at 1088 South Taylor Court, Anaheim Hills. The gate guard admitted the process server, but there was no answer at the door. The process server noticed there was mail addressed to “Richter.” The guard told the process server the Conways had moved, and the current residents were the Richters. The…

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