Clay

BACKGROUND

Soon after filing his original complaint, Clay filed an ex parte application for a temporary restraining order to prevent AT&T West from transferring Clay from his employment in Stockton to another job location, apparently in Fresno. He claimed that a transfer would inhibit his ability to retain custody of his daughter and result in not being able to make mortgage payments on his house in Stockton. AT&T West, represented by attorney Glen Turner, opposed the application, and the trial court denied it. AT&T West failed to file a timely answer to the complaint, so Clay requested entry of default, which the court clerk entered. The court held a hearing on the default judgment but denied the request for default judgment because the statement of damages had not been served on AT&T West. AT&T West filed an ex parte application for relief from default. In support of the application, attorney Turner filed a declaration stating that he was retained to represent AT&T West. When the trial court denied the application for a temporary restraining order, Clay said to attorney Turner, “I just got the decision. Looks like I‟m done here.” Based on that statement and his belief that the…