Defendant Marie Allen (“Allen”) moves to set aside default and default judgment entered against on March 12, 2015, on the grounds that the judgment is void and was obtained through extrinsic fraud.
The operative complaint in this action, filed November 12, 2014, alleges breach of contract against defendants James and Marie Allen, based on violation of an attorney-client fee agreement. The first amended complaint alleges that James Allen, on behalf of himself and as agent for Marie Allen, executed the operative contract which was subsequently breached by the defendants. Plaintiff alleges damages of $14,908. James Allen was subsequently dismissed from the lawsuit. A proof of service of summons filed December 8, 2014, states that Marie Allen was personally served with the first amended complaint and summons on November 25, 2014, at 3:25 p.m.
Allen denies that service ever occurred in any form. Filing of a proof of service that complies with statutory standards creates a rebuttable presump
Hearing Date
March 05, 2019
Type
Contract: Breach Cont/Warranty (06)
Status
Closed Judgment: Court Finding 09/26/2011 Judgment: Clerk Default 02/20/2015
For full print and download access, please subscribe at https://www.trellis.law/.
Defendant Marie Allen (“Allen”) moves to set aside default and default judgment entered against on March 12, 2015, on the grounds that the judgment is void and was obtained through extrinsic fraud.
The operative complaint in this action, filed November 12, 2014, alleges breach of contract against defendants James and Marie Allen, based on violation of an attorney-client fee agreement. The first amended complaint alleges that James Allen, on behalf of himself and as agent for Marie Allen, executed the operative contract which was subsequently breached by the defendants. Plaintiff alleges damages of $14,908. James Allen was subsequently dismissed from the lawsuit. A proof of service of summons filed December 8, 2014, states that Marie Allen was personally served with the first amended complaint and summons on November 25, 2014, at 3:25 p.m.
Allen denies that service ever occurred in any form. Filing of a proof of service that complies with statutory standards creates a rebuttable presump