IN RE MARRIAGE OF SMITH

Docket No. 48380.

135 Cal.App.3d 543 (1982)

185 Cal. Rptr. 411

In re the Marriage of SANDRA MARY and LELAND RITCHIE SMITH. SANDRA MARY SMITH, Appellant, v. LELAND RITCHIE SMITH, Respondent.

Court of Appeals of California, First District, Division One.

August 31, 1982.


Attorney(s) appearing for the Case

COUNSEL

William M. Kirkpatrick and Kouns & Marshall for Appellant.

P. John Mancuso and Mancuso & Mancuso for Respondent.


OPINION

GOFF, J.*

In this opinion we hold that a defendant who was defectively served with summons did not make that service retroactively valid by entering a general appearance after judgment was entered.

We also reiterate that Code of Civil Procedure (all code references are to this code) section 473.5 does not govern a motion to set aside a default founded upon a fraudulent return of service...

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