Roberts v. Ruehr CA2/1
Appellant Kenneth Roberts (Roberts) appeals from an order granting the motion of respondent Oliver Wolfgang Ruehr (Ruehr) to set aside, pursuant to Code of Civil Procedure sections 473, subdivision (b) and 473.5, a default and a default judgment entered against Ruehr. After a hearing, the trial court found service was defective and granted the motion. The hearing was unreported and the trial court denied Roberts’s motion for a settled statement. Roberts failed to challenge the denial of his motion by means of a writ petition. He thus has not provided us with a record adequate for our review. Because we must presume that the court’s findings, both express and implied, support its ruling, we affirm the order.
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