Walker & Zanger (West Coast) Ltd. v. Stone Design S.A.

ORDER DENYING DEFENDANT’S MOTION FOR RELIEF FROM VOID JUDGMENT

I.

FACTUAL AND PROCEDURAL BACKGROUND

This breach of contract action arose from plaintiff Walker & Zanger (West Coast) Ltd.’s (“Walker Zanger”) purchase of limestone products from defendant Stone Design S.A., a French corporation. From 1988 to 1994, plaintiff bought limestone products from defendant on numerous occasions. In 1995, plaintiff brought this action to recoup losses for ten shipments of allegedly unmer-chantable limestone for which Stone Design did not accept plaintiffs debit memo. Plaintiff alleged causes of action for (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) breach of implied warranty of fitness; and (5) money had and received. Plaintiff alleged total damages in the amount of $131,-556.13, comprised of net general damages in the amount of $33,977.03 and lost profits in the amount of $97,579.10. Plaintiff further requested an award of costs incurred in the amount of $3,293.63.

Defendants were served with the complaint on or about June 23, 1995, and the proof of service was filed with the Court on August 2, 1995. Stone Design failed to…