Calvert v. BinaliAnnotate this Case
The Court of Appeal held that a default judgment was void on its face based on improper service. In this case, the trial court ordered plaintiffs to publish the summons "in The Orange County Register, a newspaper of general circulation published at Orange County, California." Plaintiffs published notice in the Laguna News-Post instead. Therefore, plaintiffs' failure to comport with the trial court's publication requirements rendered the judgment void and plaintiffs' arguments to the contrary were unpersuasive. The court reversed the trial court's order denying the motion to vacate and remanded for vacatur of the judgment.