Global Asset v. Brunetti CA2/4

INTRODUCTION

Defendants Franco Brunetti, Neda Brunetti, Jure Bulic, Dream Yoga, and The Cottage appeal from an order denying their motion for relief from default and default judgment, brought pursuant to Code of Civil Procedure section 473,1 entered in favor of plaintiff and respondent Global Asset, LLC. Defendants contend the trial court abused its discretion in denying relief from default and default judgment on the ground that default was entered “as a result of [defense counsel’s] incompetence or strategic decision.” Finding no basis to conclude the trial court abused its discretion, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2012, Global Asset filed a complaint against defendants. Defendants executed a notice of acknowledgement of receipt of the summons and complaint. In April 2012, defendants filed a motion to strike portions of the complaint. Plaintiff filed an amended complaint shortly thereafter, and defendants’ motion to strike was taken off calendar. Defendants’ counsel refused to accept service of the amended complaint and refused to sign another notice of acknowledgement of receipt. Plaintiff filed a request for entry of default, and the clerk entered…