Zephyr Aviation Services, Inc. v. Amerijet International, Inc.

KLEIN, Judge.

We reverse an order denying a motion to vacate a clerk’s default obtained without notice, and hold that notice was required because out-of-state counsel had written to plaintiffs counsel confirming an extension of time to answer and advising about settlement negotiations.

Appellant defendant was served in California with a copy of a complaint on January 28, 1993, and defendant’s California counsel obtained an agreement from plaintiffs counsel to extend the time for filing an answer to March 9,1993, because of ongoing settlement discussions. On March 11, 1993, no answer having been…