Candelaria v. Avitia

In Candelaria v. Avitia (1990) 219 Cal.App.3d 1436, the Court considered the application of section 587 in a case where the party seeking to enforce the default judgment had failed to comply with its affidavit requirement. We held that, under the circumstances of that case, there was no prejudice to the defaulting party because "the record showed the extensive but unsuccessful efforts" of the respondents to locate the appellants. (Candelaria v. Avitia, supra, at p. 1444.) In fact, several letters had been mailed to the last known address, "but all were undelivered." (Ibid.) Accordingly, "even if a copy of the request for uncontested hearing had been mailed to appellants' last known address, it was not likely that appellants would have received it." (Ibid.)