Chapman v. Farmers Insurance Group

OPINION

SUTIN, Judge.

After obtaining a default judgment against Teresa Molina in a personal injury claim, based upon service by publication, plaintiffs brought this, action against defendant, who was Molina’s insurer, to recover the amount obtained in the default judgment. Defendant’s motion to dismiss for failure to state a claim was sustained and plaintiffs’ complaint was dismissed with prejudice. Plaintiffs appeal. We affirm.

A. The default judgment was void.

On March 5, 1973, plaintiffs filed a complaint against defendant Teresa Molina. It alleged that on November 11, 1970, this defendant…