Legal Opinion

Earl W. Schott, Inc. v. Kalar

California Court of Appeal

Decided November 30, 1993No. F017514PublishedCited by 8 opinions

1Opinion of the Court

Opinion

BUCKLEY, J.

We are presented here with the issue of whether a complaining party is required to designate and serve a corporation in its corporate capacity in order to obtain an enforceable default judgment. We conclude such a requirement exists.

Procedural History

On January 18, 1991, Earl W. Schott, Inc. (Schott), filed a complaint for breach of contract, fraud and common counts against “Gary Kalar, individually and DBA Kalar Construction Co.” (hereafter collectively called Kalar), and Does 1 to 10.

On May 20, 1991, Schott filed its first proof of service of the summons and complaint.…

2Cases cited6 opinions

  1. Chaplin v. Superior CourtCalifornia Court of Appeal · 1927
  2. Janofsky v. GarlandCalifornia Court of Appeal · 1941
  3. White v. MerrillCalifornia Supreme Court · 1889
  4. Ferry v. North Pacific StagesCalifornia Court of Appeal · 1931
  5. Aiken v. Quartz Rock Mariposa Gold Mining Co.California Supreme Court · 1856

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3Cited by8 opinions

  1. Meller & Snyder v. R & T PROPERTIES, INC.California Court of Appeal · 1998
  2. People v. EricksonCalifornia Court of Appeal · 1997
  3. Hamlin v. JendayiCalifornia Court of Appeal · 2024
  4. Hamlin v. JendayiCalifornia Court of Appeal · 2024
  5. Logicease Solutions Inc. v. Softworks AI, LLCDistrict Court, N.D. California · 2022

3 more not listed; retrieve them via the Exa API.

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