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TRACKMAN v. KENNEY

No. C061165.

187 Cal.App.4th 175 (2010)

STEPHEN O. TRACKMAN, Plaintiff and Appellant, v. MIKE KENNEY, Defendant and Respondent.

Court of Appeals of California, Third District.

August 5, 2010.

Attorney(s) appearing for the Case

James J. Falcone for Plaintiff and Appellant.

Stuckey Law Offices, Brad Stuckey; Law Offices of Daniel E. Garrison and Daniel E. Garrison for Defendant and Respondent.

OPINION

HULL, J. —

The trial court granted defendant Mike Kenney's motion to vacate a default judgment entered in favor of plaintiff Stephen O. Trackman, finding that the evidence showed no actual service on Kenney. Trackman appealed, and argues the trial court mistakenly relied on evidence instead of determining whether the proof of service is void on its face.

Kenney does not defend the trial court's reasoning. As we shall explain...

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