Benedict
Benedict v. Press
Opinion
Lead Opinion
Haerle, J.
I. Introduction
Angela K. Benedict appeals the trial court’s order granting Danner Press, The Press of Ohio and Bryant Whittaker (respondents) relief from default and default judgment under Code of Civil Procedure section 473, subdivision (b). 1 Respondents filed a protective cross-appeal challenging the propriety of the default and default judgment. We conclude that the trial court properly granted relief from default and default judgment and therefore do not reach the issues raised in the cross-appeal.
II. Statement of Facts
On January 29, 1999, 2 Benedict filed a first amended complaint in propria persona against respondents and D.B. Hess Co. On April 21, Benedict filed requests for entry of default and default judgment as to respondents only. On that same date, the clerk entered default.
On May 6, Benedict substituted the Parker & Crosland firm as her attorneys of record. On June 16, respondents filed a motion to quash service of summons pursuant to section 418.10. In this motion, respondents challenged the sufficiency of service of process. Respondents contended that the only attempt at service of which they were aware was when Whittaker went outside one morning…