Ken Okuyama Design etc. v. R Motor Co. CA2/3
Plaintiff Ken Okuyama Design USA, Inc. appeals an order setting aside and vacating a default and default judgment entered against defendant R Motor Company. The evidence showed plaintiff served defendant’s designated agent for service of process with the summons and complaint, but the designated agent apparently failed to forward the documents to defendant. Based on this evidence, the trial court determined defendant was not entitled to relief from default under Code of Civil Procedure section 473.5, subdivision (a) (section 473.5(a)), because service upon the designated agent constituted “actual notice” under the statute, but defendant was entitled to relief under Code of Civil Procedure section 473, subdivision (b) (section 473(b)), because defendant only “became aware” of the action after the default judgment was entered.
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