Calvert
Calvert v. Al Binali
Opinion
Lead Opinion
Rubin, J.
INTRODUCTION
*957 Defendant Rima Al Binali appeals the trial court's denial of her motion to vacate the $1,940,506 default judgment entered against her in favor of plaintiffs Dr. Jay W. Calvert and Jay Calvert, M.D., a professional corporation. Al Binali asserts that plaintiffs' faulty service by publication rendered the judgment void on its face. We agree and reverse.
FACTS AND PROCEDURAL BACKGROUND
Dr. Calvert is a plastic surgeon based in Southern California and Al Binali is his former patient. This lawsuit precipitated from a negative review allegedly posted online by one of Dr. Calvert's former patients, commenting about surgical procedures and care that the patient received.
1. Plaintiffs' Defamation Lawsuit
On January 27, 2011, plaintiffs filed a defamation lawsuit against Does 1-25, alleging that the doe defendants made false reports about plaintiffs "on the consumer information and advocacy website found at www.ripoffreport.com."
Plaintiffs then obtained an order permitting them to conduct discovery to determine the identity of the alleged offenders. Plaintiffs subpoenaed Xcentric *958 Ventures, LLC, the owner of ripoffreport.com. Xcentric was unable to identify the…