Void Judgment; Proof of Service Signed by Party

  In Braugh v. Dow, a default judgment was determined to be void because the summons and complaint were served by the plaintiff — a party to the action. The court reasoned as follows: Continue reading

Anti-SLAPP: Court Has Jurisdiction to Strike and Award Attorney Fees

  The California Supreme Court, in Barry v. The State Bar, holds that a court lacking subject matter jurisdiction over a claim may nonetheless grant a special motion to strike the claim under section Code of Civil Procedure section 425.16, and thus may award attorney’s fees and costs to the prevailing defendant.