Swindle v. Hearst

Plaintiff Frank Swindle filed a small claims complaint pro se against his landlord, Dr. Bella Hearst, to recover *377 for 1% months advance rent and a deposit paid to defendant Hearst under a lease. Defendant was served with a complaint and summons, including a notice of hearing, but she failed to appear at the appointed time. After hearing plaintiff’s evidence the trial court entered judgment in favor of plaintiff for *277. Twenty-eight days later defendant filed a motion to set aside the default judgment, stating as grounds:

“That she inadvertently misplaced the Summons and copy of Complaint and was…