CANDELARIA v. AVITIA

Docket No. H005384.

219 Cal.App.3d 1436 (1990)

269 Cal. Rptr. 32

PHILLIP M. CANDELARIA, a Minor, etc., et al., Plaintiffs and Respondents, v. SILVIA AVITIA et al., Defendants and Appellants.

Court of Appeals of California, Sixth District.

April 30, 1990.


Attorney(s) appearing for the Case

COUNSEL

Owen, Melbye & Rohlff, Robert G. Howie, Jr., and Cris Goodman for Defendants and Appellants.

Matteoni, Saxe & Nanda, Margaret Ecker Nanda and Leslie R. Lopez for Plaintiffs and Respondents.


OPINION

PREMO, Acting P.J.

Plaintiffs Phillip M. Candelaria, a minor, by Leticia Martinez as his guardian ad litem and Ms. Martinez as an individual, obtained a default judgment against defendant Silvia Avitia, who was served by publication. After making a demand for payment in satisfaction of the judgment upon defendants' insurer, the insurer moved the superior court on behalf of defendants to set aside the default and default judgment...

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