7
represent her or the Trust. She later filed another declaration, avowing that she had been
at work at Mercy General Hospital at the time she was allegedly served.
At the hearing on the motion to vacate filed by Rawat and the Trust, counsel
argued the presumption arising from the filed proof of service was rebutted by Rawat’s
denial that she was served, that she never hired attorney Oliver, that she did not sign any
discovery documents filed by Oliver, and that she was unaware of any such documents.
The trial court denied the motion to vacate the judgment and granted a motion for
attorney fees of $21,595, and costs of $1,310, that had been opposed by Singh. The court
found Rawat had not rebutted the presumption of proper service, finding that her
declarations denying service were “unpersuasive.” The court separately found Rawat
appeared in the action by filing an answer and responding to discovery, and again stated
it did not credit her contrary declarations.
On July 30, 2015, the trial court amended the formal judgment by adding the costs
and attorney fees, over Singh’s repeated objections.
New counsel then filed a timely notice of appeal on behalf of “Defendants,” but
Singh is now self-represented in this court.
DISCUSSION
I
Appeal of Rawat
Rawat attacks the denial of her motion to vacate the judgment, contending the
judgment was void for lack of service and extrinsic fraud. She also attacks the punitive
damage award, both for lack of evidence of reprehensible conduct and lack of evidence
of financial condition. We shall reject each of these claims.