Sokoloff

Paul Sokoloff appeals from entry of default and default judgment in favor of California Novelties, Inc. (California Novelties) and Cindy Madsen Gray. He further appeals from the trial court’s order denying his motion to set aside the default and default judgment as void by virtue of an award of damages of which he was not provided adequate notice.

I

On October 29, 1982, California Novelties and two of its officers and directors, Cindy and William Gray, filed a complaint alleging Sokoloff, a former vice-president, director and major shareholder of California Novelties, had engaged in wrongful conduct causing detriment to the best interests of the corporation and personal injury to the individuals. California Novelties sought recovery on causes of action for breach of fiduciary duty, *939 conversion, accounting, constructive trust and slander. 1 Cindy alleged intentional and negligent infliction of emotional distress.

On October 30, Sokoloff was personally served with the summons, complaint and an order to show cause regarding issuance of a temporary restraining order and injunction to prohibit him from harassing plaintiffs. On November 18, Sokoloff’s attorney, Mark…

I would affirm the order simply on the basis that Sokoloff did not seek to set aside the default judgment within a reasonable time, not to exceed two years, after entry of the default judgment. (Code Civ. Proc., § 473.5; Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1124 [ 265 Cal.Rptr. 286 ]; see also 8 Witkin, Cal. Procedure (3d ed. 1985) Attack on Judgment in Trial Court, §§ 185-187, p. 814 et seq.) Also, laches would prevent equitable relief in any event.

I also disagree with my colleagues’ decision to partially publish this opinion. It will tend to encourage sloppy practices.

A petition for a rehearing was denied May 28, 1992.

[Opinion certified for partial publication. [*] ]

OPINION

SONENSHINE, J.

Paul Sokoloff appeals from entry of default and default judgment in favor of California Novelties, Inc. (California Novelties) and Cindy Madsen Gray. He further appeals from the trial court's order denying his motion to set aside the default and default judgment as void by virtue of an award of damages of which he was not provided adequate notice.

On October 29, 1982, California Novelties and two of its officers and directors, Cindy and William Gray, filed a complaint alleging Sokoloff, a former vice-president, director and major shareholder of California Novelties, had engaged in wrongful conduct causing detriment to the best interests of the corporation and personal injury to the individuals. California Novelties sought recovery on causes of action for breach of fiduciary duty, conversion, accounting, constructive trust and slander. [1] Cindy alleged intentional and negligent infliction of emotional distress.

On October 30, Sokoloff was personally served with the summons, complaint and an order to show cause regarding issuance of a temporary restraining order and injunction to prohibit him from…