Thursday, November 06, 2014

Giorgio v. Synergy Management Group (Cal. Ct. App. - Nov. 6, 2014)

Defendant doesn't come off as very sympathetic in this civil case.

The Court of Appeal doesn't give a lot of facts.  But the impression one might get is that defendant is evading service of process.  Big time.

Regardless, plaintiff tries and tries and tries to serve him, but ultimately gives up, gets an order of publication, does the deal, and takes defendant's default.  For a ton of cash.

Defendant moves to vacate, claiming that he never got notice..  But the trial court denies the motion, and the Court of Appeal affirms.  Plaintiff did what he had to do.  The facts look bad.  In particular, defendant's failure to explain why the post office says he's getting mail at 1109 South Wooster St. #3 in Los Angeles, why the guys in the Netherlands says he's at that address, why he's got an invoice telling plaintiff to make payment to him at that address, and yet nowhere does plaintiff explain why he's not, in fact, at that address.

That's a problem.  Which is why he's a $250,000+ judgment lighter at this point.

The Court of Appeal also (belatedly) publishes the opinion.  Which is a bonus to the "Cromwell Group, Attorney Services," which the Court of Appeal describes as "specializ[ing] in difficult service of process."

Thanks for the free advertising, Justice Kriegler!  (And now, Professor Martin!)

Hope we both get a free ham in the mail for Christmas.