Rosenthal v. Garner

In Rosenthal v. Garner (1983) 142 Cal. App. 3d 891, it was undisputed that the defendants did not have actual notice of the lawsuit and the only question was whether their lawyer's knowledge of the action should be imputed to them. The court properly held that "the reference in Code of Civil Procedure section 473.5 to 'actual notice' means genuine knowledge of the party litigant and does not contemplate notice imputed to a principal from an attorney's actual notice." ( Id. at p. 895.)