Thompson v. Sutton

In Thompson v. Sutton (1942) 50 Cal. App. 2d 272, the defendants moved for relief from default and presented evidence they were never personally served with summons. The trial court granted the motion, and the Court of Appeal affirmed because the plaintiff "merely denied the defendants' allegations on information and belief or for lack of information or belief." ( Id. at p. 280.) In short, the result in Thompson turned on the lack of competent evidence to rebut the defendants' denial of notice.