Martin v. Bellissimo CA2/7
Leon Bellissimo appeals the trial court’s order denying his motion to set aside the default and default judgment for $56,499.04 entered against him personally in favor of Dale Martin, Lana Smith and Lonnie Martin, the owners of real property leased by Bellissimo and/or the company he owned and operated, Burbank Kawasaki, Inc. Bellissimo contends on appeal, as he did in the trial court, that he did not have actual notice of the lawsuit in time to defend the action and that relief from default was therefore warranted under Code of Civil Procedure section 473.5 (section 473.5). The trial court in denying Bellissimo’s motion focused solely on the adequacy of substituted service of the summons and complaint at Bellissimo’s business address and failed to consider his contention regarding the lack of actual notice. We reverse.
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