Martinez v. El 7 Mares Restaurant CA2/4
INTRODUCTION
On October 6, 2012, plaintiffs’ decedent, Diego Martinez, was stabbed to death by Andre Arriaga Preciado in the parking lot of El 7 Mares Restaurant (restaurant). Diego Martinez’s parents, Salvador Martinez and Teresa Martinez, and minor children, Aiden Martinez and Diego Aaron Martinez (collectively, appellants), sued for the wrongful death of their son and father. They obtained a $1.12 million default judgment against the restaurant and its owner, Sergio Diaz Salazar (collectively, respondents). Respondents successfully moved to set aside the default and default judgment on the basis the judgment was void for lack of proper service of the summons and complaint. (Code Civ. Proc., § 473, subd. (d).) The trial court denied appellants’ motion for reconsideration. We affirm.
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