Altura v. Shelfbond

In Altura v. Shelfbond (June 12, 2000, A087446 nonpub. opn.) the Court affirmed the trial court's order denying the motion of Shelfbond Trust, A.G., Inc. (Shelfbond) to set aside a default judgment entered in favor of plaintiffs Alan Altura and Altura, Nelson & Co., Inc. (Altura). The court held that service of the summons and complaint on Shelfbond had been accomplished by substituted service on the California Secretary of State, pursuant to Corporations Code section 2111. Two months later, Shelfbond again asked the trial court to set aside the default judgment, this time on the ground that Altura had failed to serve it with a statement of damages, as required by Code of Civil Procedure section 425.11. The trial court initially agreed, and vacated the default judgment. Altura sought reconsideration, claiming that a statement of damages had, in fact, been served in the same manner as the summons and complaint by service on the Secretary of State. The court granted reconsideration, set aside its order vacating the default judgment, and reinstated the judgment. Shelfbond appeals the trial court's order reinstating the previously vacated default judgment, claiming service of the statement of damages on the Secretary of State was unauthorized and procedurally flawed. We affirm the order granting reconsideration and reinstating the default judgment, because regardless of whether service of the statement of damages was effective, Shelfbond had notice of the damages sought by virtue of the specific demand in the complaint, which we previously held was properly served. Altura has filed a "protective" cross-appeal seeking reversal of the court's order vacating the default judgment on the ground a statement of damages was required but not served.