Teach v. Imagine Tile & Stone, Inc. CA4/1
Imagine Tile & Stone, Inc. (Imagine Tile) appeals an order denying its motion to set aside a default judgment under Code of Civil Procedure section 473.5, contending: (1) the court applied the wrong legal standard in ruling that its president, Daniel Ellis, failed to show he did not receive notice of the verified initial cross complaint filed by Jared and Shari Teach (the Teaches); and (2) it was entitled to relief because Daniel's son, Matthew Ellis, another Imagine Tile principal, also declared he had not received notice of the amended cross-complaint but the court's ruling did not address his declaration. We affirm.
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