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CAROL GILBERT, INC. v. HALLER

No. H033193.

179 Cal.App.4th 852 (2009)

CAROL GILBERT, INC., Plaintiff and Respondent, v. AMIT HALLER, Defendant and Appellant.

Court of Appeals of California, Sixth District.

November 24, 2009.

Attorney(s) appearing for the Case

Carr & Ferrell, Stuart C. Clark and Christopher P. Grewe for Defendant and Appellant.

Janin, Morgan & Brenner, David B. Tillotson and John A. Lofton for Plaintiff and Respondent.

OPINION

RUSHING, P. J.—

Plaintiff Carol Gilbert, Inc., sought to join defendant Amit Haller in this action as a Doe defendant, but served a summons on him that omitted the statutory notice that he was served by that fictitious name. When Haller failed to answer, plaintiff secured a default judgment for some $40,000. The trial court denied Haller's motion to vacate the judgment, reasoning...

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