In re Marriage of Harris

In In re Marriage of Harris (1977) 74 Cal.App.3d 98, the defaulting party was not entitled to relief from default due to a missing affidavit of mailing where there was "substantial evidence to support a finding that wife had actual notice of husband's intent to take a default, even though husband had not complied with section 587." (Id. at p. 102.) "The attorney she had earlier consulted stated that he informed her that her default would be taken. There was evidence that the required notice had been sent to her by husband's attorney, even though the affidavit requirement had not been complied with. If wife did receive actual notice, the error in failing to file an affidavit would not be prejudicial. If no harm to wife resulted from that error, the motion to set aside the judgment was properly to be denied. (Cal. Const., art. VI, 13.)" (Ibid.)