Banc of America Practice Solutions v. D'Angelo CA2/1

BACKGROUND

On February 4, 2011, plaintiff Banc of America Practice Solutions, Inc. (plaintiff) filed this breach of contract action against defendants Phillip D’Angelo, D.D.S. and Phillip J. D’Angelo D.D.S., Inc. (collectively, defendants), alleging defendants owed plaintiff $95,271.21 plus pre-judgment interest under a Finance Agreement (agreement). Phillip D’Angelo borrowed $202,110.15 from plaintiff under the agreement. The corporate defendant (Phillip J. D’Angelo, D.D.S., Inc.) is not listed as a borrower in the agreement. Nor is the corporate defendant a signatory to the agreement. Plaintiff personally served defendants with the summons and complaint on February 8, 2011 and filed proofs of service on February 15, 2011. Defendants did not file an answer to the complaint. On March 16, 2011, plaintiff served defendants by mail with a request for entry of default. Defendants filed the request for entry of default on March 17, 2011, and the trial court entered default that same day. On May 13, 2011, defendants filed the motion to set aside default which is at issue on appeal. Dr. D’Angelo submitted a declaration in support of defendants’ motion to set aside default. He stated,…