Don v. Cruz

Opinion

THE COURT. *

This appeal raises novel questions about (1) a defendant’s right to be relieved from a default taken as a result of the unexcused neglect of the defendant’s insurance carrier and (2) the authority of a trial court to entertain a new trial motion after a default judgment.

Plaintiff and defendant were involved in an automobile collision on May 7, 1979. Plaintiff filed her complaint on October 2, 1979, to recover damages for personal injuries sustained in the collision. After unsuccessfully attempting service by mail (see § 415.30), plaintiff succeeded in personally serving…