Lewis v. AP-Commerce Plaza, LLC CA2/1
“[A] default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void.” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) Defendants argue here that the process server fabricated the service of summons and, as a result, did not serve it in the prescribed manner. The trial court rejected the fabrication argument, found service valid, and denied defendants’ motion to set aside a default judgment as void. On appeal, we decline defendants’ invitation to reweigh the trial court’s credibility determinations. We affirm the order denying defendants’ motion to set aside the default judgment.
The appeal from that order was consolidated with an appeal from the judgment. We dismiss the appeal from the judgment because defendants have abandoned it.
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