Bachmann v. Broadway Federal Bank
Appellant Thomas T. Bachmann (“Bachmannâ€) appeals from the judgment entered upon an order denying his motion to set aside the default pursuant to Code of Civil Procedure section 473.5. Bachmann asserts that he is entitled to relief from the default because he did not have “actual notice†of the action in time to defend against it before his default was taken by respondent Broadway Federal Bank (“Broadwayâ€). In addition, Bachmann claims that the trial court should have granted his motion to quash for improper service of the summons because: (1) the lower court erred in exercising personal jurisdiction over him; and (2) even if personal jurisdiction is established, Broadway did not provide proper service of the summons and complaint. As we shall explain, Bachmann’s claim with respect to his motion to set aside the default has merit. The only relevant evidence in the record on the issue of “actual notice†shows that Bachmann did not have actual notice of the action until one day before Broadway filed its request for entry of default and that Bachmann timely moved to set it aside. This notwithstanding, the lower court did not err in exercising personal jurisdiction over Bachmann or concluding that Broadway had properly served Bachmann with the summons and complaint, and thus properly denied Bachmann’s motion to quash. Accordingly, we reverse and remand for further proceedings.
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