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California Civil Procedure, Keyed to Levine, 6th Ed.
Fasuyi v. Permatex, Inc.
Citation:
167 Cal. App. 4th 681, 84 Cal. Rptr. 3d 351 (2008)Facts
On August 25, 2004, Fasuyi, an African-American mechanic working in Oakland, was underneath a vehicle when Permatex’s brake cleaner dripped onto his forehead and left hand, causing hypopigmentation. He filed suit on August 1, 2006. Fasuyi’s counsel had difficulty serving the complaint and contacted ITW’s legal department, which provided the address for service. Service was effected on December 4, 2006. ITW’s paralegal promptly forwarded the summons and complaint to Permatex’s insurance broker on December 12, which immediately forwarded it to the insurers on December 13. The insurers acknowledged receipt but failed to file a response. Without any communication with ITW or anyone else, Fasuyi’s counsel filed a request for default on February 14, 2007, and obtained a default judgment for $236,500 on February 28, 2007. Permatex learned of the judgment on March 7, 2007, immediately retained counsel, and filed a motion to set aside the default on March 23, 2007, fifteen days after learning of the judgment.
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