Mechling

Mechling v. Asbestos

Bad Law
240 Cal. Rptr. 3d 900·29 Cal. App. 5th 1241
Court of Appeal of CaliforniaDecember 11, 2018A150132; A150134; A150135; A150138California2,865 words

Opinion

Lead Opinion

Jones, J.

*1244 In these four consolidated cases, William Mechling, James Greely, Omar Barstad, and Alexander Corns (collectively, plaintiffs) appeal from trial court orders setting aside default judgments on the equitable ground of extrinsic mistake. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Beginning in 2009, plaintiffs filed personal injury complaints against numerous defendants-including Associated Insulation of California (Associated)-for injuries arising out of plaintiffs' alleged asbestos exposure. 1 Plaintiffs served Associated with the complaints. Associated-which apparently ceased operating in 1974-did not respond, and the court entered Associated's defaults. The court entered one default judgment against Associated in 2013, and three additional default judgments in 2015. The default judgments ranged from $350,000 to $1,960,458. Plaintiffs served notice of entry of the default judgments on Associated, but not on Fireman's Fund.

After entry of the default judgments, Fireman's Fund located insurance policies appearing to provide coverage for Associated. 2 In February 2016, Fireman's Fund retained counsel; in July, it moved to set aside the defaults and default judgments on…

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