Miller v. Bernie CA5

INTRODUCTION

In this appeal, plaintiff claims defendant was properly served with a complaint via substituted service, and that defendant was aware of the lawsuit prior to the entry of his default. Therefore, plaintiff submits the trial court erred in setting aside the resultant default judgment pursuant to Code of Civil Procedure section 437.5.1 1 All future statutory references are to the Code of Civil Procedure, unless otherwise noted. Because substantial evidence supported the trial court’s conclusion that defendant lacked actual knowledge of the lawsuit, we reject plaintiff’s contention. Our conclusion is not affected by the trial court’s failure to state every requisite factual finding on the record. Nothing in section 437.5 requires such a recitation. Consequently, the doctrine of implied findings defeats plaintiff’s claim. We affirm.

FACTS

Plaintiff is currently serving a 115-year-to-life sentence at a state prison in Corcoran for rape and other charges. In 2012, he filed original and amended complaints in Kings County Superior Court alleging that defendant Bernie owed him more than $2 million. A letter purportedly from Bernie to plaintiff confirming the debt was…