Butler v. Beale St. Blues Co.
Defendant Beale Street Blues Company, Inc. (Beale Street), appeals from the denial of its motion to vacate default judgment, brought pursuant to Code of Civil Procedure section 473.5 on the ground that the substituted service of summons did not result in actual notice of the lawsuit in time for it to defend the action.[1]The trial court denied the motion, finding that the motion was untimely, that the lack of notice was the result of Beale Streets inexcusable neglect, and that Beale Streets delay in filing the motion was unreasonable. Court conclude that Beale Street has not shown that the trial court abused its discretion. For the first time on appeal, Beale Street contends that the judgment is void, because the statement of damages, although served with the summons and complaint, appears to be directed only to the other defendant in the action, B.B. Kings Blues Club (B.B. Kings). Court reject this contention, as well, and affirm the order.
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