Cruz

I.

INTRODUCTION

Plaintiff Alan C. Cruz appeals from a postjudgment order of the trial court granting defendant Fagor America, Inc.’s (Fagor) motion to set aside default and default judgment. Approximately nine months after the court entered a default against Fagor for failing to defend against the action, Fagor made its first appearance, moving ex parte for an order shortening time to allow it to move to set aside the entry of default and the subsequent default judgment. The trial court granted Fagor’s ex parte motion. After a hearing on the motion to set aside the entry of the default and default judgment, the court granted Fagor’s request for relief on the grounds that the judgment was void for lack of effective service of the summons and complaint, and extrinsic mistake warranted equitable relief.

In order to resolve the question whether service of process was effective, we must determine whether Cruz met the statutory requirements for serving an out-of-state corporation by mail. Cruz addressed and mailed the summons and complaint, return receipt requested, to Fagor’s president. The return receipt was signed by an individual who was not Fagor’s president. However,…