Robinson & Wisbaum v. Smith CA4/3

INTRODUCTION

Kimberly Smith appeals from a judgment in favor of the respondent law firm of Robinson & Wisbaum after a default judgment was entered against her on the law firm’s complaint for unpaid attorney fees. Although there were some procedural irregularities along the way, which might have persuaded a judge to set aside the default or the judgment, Smith delayed her request for relief for over two years. As a result, the grounds for setting aside the default judgment have considerably diminished. It can now be set aside only if it is void. It is not. We therefore affirm it.

FACTS

The law firm filed a suit against Smith for unpaid legal fees on December 6, 2010. The complaint stated causes of action for breach of contract and three common counts: services rendered, money owed, and open book account. The complaint prayed for $57,682 in damages. Smith was personally served with the summons and complaint on December 15 at an address in Torrance. Smith did not answer, and the law firm filed a request to enter default on January 11, 2011. The proof of mail service attached to the request had the correct street address, but the wrong city – Long Beach instead of 1 Torrance. The…