Pacifica First National, Inc. v. Abekasis
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After appellant defaulted on a civil case, he appealed the trial court's denial of his motion to set aside the default. The Court of Appeal affirmed, holding that the trial court was right to deny the motion where appellant did not prove the service of process was bad and Pacifica put a proper proof of service form into evidence. The court explained that the burden on appellant then was to prove this apparently-proper document was invalid, which he failed to do. Furthermore, appellant's 12 arguments on appeal are invalid.
The court noted that, when appreciable sums are in play, it is mysterious why lawyers on both sides think the small cost of court reporting is a good cost to avoid. The court published this opinion in part to discourage misplaced thrift.
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