Jensen

Introduction

Defendant Gary Jensen appeals from an order granting his motion to set aside a default and default judgment on the condition that he pay plaintiff Kodiak Films, Inc. $4,848.48 and an additional $750 “as sanctions, reasonable conditions and costs.”

Statement of Facts

On February 19, 1988, plaintiff filed a complaint alleging defendant’s breach of contract, breach of the covenant of good faith and fair dealing, fraud and negligent misrepresentation. On March 6, 1988, after making three unsuccessful attempts to serve defendant, plaintiff attempted to effect substitute service by serving one Deena Shepherd at 29193 Heffner Road, Acton, California, and thereafter mailing on March 8 copies of the summons and complaint to the same address. The mailed copies were not returned to the process server by the postal service. The process server’s proof of service identifies Ms. Shepherd as “girlfriend, competent member of household.” The Heffner Road residence was one defendant had occupied with his former wife, who owned the residence; in 1985, it was listed as the residential address of the officers of defendant’s corporation. Defendant had not resided there since…