Vaughn

Appeal by defendant, a foreign corporation, from an order of the trial court denying its motion to set aside a default and vacate a judgment against it entered thereon.

The motion to vacate was made upon the ground that the service of summons and complaint was made by a process- server upon one Shapley as the general manager and “designated agent” of defendant, a foreign corporation, and that said Shapley was not the general manager or designated agent of said corporation, and said corporation was not doing business in the state of California at the time of the service of the summons and complaint. There is no charge of fraud against the plaintiff, except that incidentally fraud is charged against the process-server in that Shapley, upon whom he made the service, was not the general manager or designated agent of defendant. No charge was made by defendant in its motion that any fraud was committed on the court by plaintiff. The motion, therefore, is not supported by the case of McGuinness v. Superior Court, 196 Cal. 223 [40 A. L. R. 1110, 237 Pac. 42 ], cited by appellant, as the motion in that case was based upon extrinsic fraud of the party to the action wherein the review was…