Rodriguez v. Henard

Opinion

KANE, J.

Defendants Neidin Henard and Joseph Henard appeal from the denial of their motion under Code of Civil Procedure section 473 to set aside the defaults and default judgment taken against them. Defendants contend the trial court should have granted the requested relief in light of an asserted “notice” defect concerning the default proceedings. Specifically, defendants stated in their declarations submitted in support of the motion that they never received a copy of plaintiffs’ request for entry of default or request for a default judgment, and that said default papers were mailed…