Credit Managers Ass'n v. National Independent Business Alliance

Opinion

BIGELOW, J. *

Appeal

Plaintiff appeals from the denial of its motion to set aside the default and default judgment taken by defendant upon its cross-complaint against plaintiff’s assignor, Molnar & Associates, Inc.

Issues

1. Does the assignee for the benefit of creditors have standing to move to set aside the default and default judgment taken against its assignor when the cross-complaint therein was filed after the assignment became effective?

2. Did the plaintiff-assignee and defendant-cross-complainant enter into an agreement that cross-complainant would notify plaintiff of the fact of…