Carter v. Anderson
Yvette Carter sued Sharon Anderson, the successor in interest to Andersons adoptive parents, Thomas and Rita Orr, for title to real property and for breach of contract. Anderson appeals from a default judgment in favor of Carter. The primary issue on appeal is whether the trial court abused its discretion in denying Andersons motion to set aside the default and default judgment. (Code Civ. Proc., 473, subd. (b); Rappleyea v. Campbell (1994) 8 Cal.4th 975, 981.) We conclude the trial court correctly determined defendant Anderson was validly served with the summons and complaint. Notwithstanding that finding, in view of the evidence of surprise and mistake and the errors in the default judgment proceeding, we hold it was abuse of discretion to deny defendants motion for relief from default and the default judgment. Court reverse.
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