Groves

Introduction

Appellant Edward D. Groves (Groves) filed the present independent action in equity to vacate a prior default and default judgment against him, on the ground the prior judgment is void because he was not validly served with the summons and complaint. The trial court sustained, without leave to amend, a demurrer to Groves’s complaint, on the ground it is barred by collateral estoppel because appellant’s prior motion in the underlying case to set aside the default and default judgment on the same ground had been denied. We reverse, because a long line of cases holds the prior denial of a motion in the underlying case to set aside a default and default judgment has no collateral estoppel effect to bar an independent action in equity directly attacking the prior judgment. Alternatively, the prior order has no collateral *662 estoppel effect because the record does not show that the validity of service of summons and complaint was actually decided by the prior order.

Factual and Procedural Background The Underlying Fraud Judgment

In 1993, in the. underlying case No. BC080466, respondents Norma A. Peterson and Mark D. Peterson (the Petersons) sued Central Trust…