Elite Computers v. Bahsoun
The plaintiff in this civil action sued a corporation and its president, asserting breach of contract and fraud. The defendants responded with answers and a cross-complaint. Thereafter, at the plaintiffs behest, the trial court struck the answers of both defendants, and it entered their defaults. The court first struck the corporate defendants answer because the defense attorney withdrew, leaving the corporation unrepresented. A month later, the court struck the individual defendants answer after he failed to attend a case management conference. After refusing to set aside the defaults, the court eventually struck the cross complaint and entered judgments against both defendants.
The individual defendant appeals, arguing that the trial court abused its discretion. For reasons explained below, Court agree that the judgment against him must be reversed.
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