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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Delta Solutions, Inc., a corporation, sues JVL Manufacturing for breach of a service agreement. Service of summons is effected by delivering the complaint and summons to a receptionist at Delta’s offices, who claims to be authorized to receive documents but is not listed as an official agent for service. Delta does not appear or file an answer. On the date set for trial, the court declares Delta in default and later renders judgment in favor of JVL. After notice of judgment, Delta moves for relief from the default judgment under Rule 9, Sec. 3, arguing that (i) service on the receptionist was not a valid service on Delta and did not confer actual knowledge of the suit, and (ii) Delta has a meritorious defense (e.g., the contract is void or there was no breach). The trial court denies the motion. (a) What is the controlling doctrine under Rule 9, Sec. 3 regarding default judgments? (b) What remedies exist to obtain relief from a default judgment, and what showing must be made? (c) Apply the rule to the facts: is the default judgment proper as a matter of law? does Delta have a viable path to relief or to have the case heard on the merits? Explain briefly.

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