Jimenez v. Kensington Caterers, Inc. CA2/3
Defendants and appellants Kensington Caterers Inc. (Kensington) and Richard Mooney (Mooney) (collectively defendants) appeal the trial court’s postjudgment order denying their motion to set aside a default and a $150,585 default judgment obtained by plaintiff and respondent Fidel Consuelo Jimenez (Jimenez).
Defendants contend the trial court erred as a matter of law in failing to set aside the default judgment against them as void or, alternatively, abused its discretion in refusing to set aside the default judgment based on its inherent equitable authority. Defendants’ contentions essentially are based on two arguments: (1) the default judgment should be set aside based on extrinsic fraud because defendants never received proper service of the summons, complaint, notice of case management conference, and statement of damages; and, (2) the default judgment is void because it exceeds the damages specifically pleaded in the complaint, or, alternatively, because Jimenez failed to s
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