Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fernandes v. Singh, 224 Cal. Rptr. 3d 751 (2017)

Citation
Fernandes v. Singh, 224 Cal. Rptr. 3d 751 (2017)
Parent Document
Fernandes v. Singh, 224 Cal. Rptr. 3d 751 (2017)
Jurisdiction
California (state)
Effective Date
2017-10-05

Other Sections in This Document (61)

Full Text

479 chars
Rawat separately contends extrinsic fraud has occurred because a sworn declaration is sufficient to rebut the presumption of service. We agree a declaration of non-service if credited by the trial court can rebut the presumption of proper service, as explained in a case cited by Rawat. (See City of Los Angeles v. Morgan (1951) 105 Cal.App.2d 726, 729-731, 234 P.2d 319.) But the trial court herein expressly declined to credit Rawat's declarations, finding them "unpersuasive."