How have courts dealt with a claim for damages under section 473, subdivision (d) of the California Code of Civil Procedure?

The defendant also argues that he was entitled to relief under section 473, subdivision (d), because he was never served with the summons and complaint. As stated above, the filing of a valid proof of service creates a rebuttable presumption of proper service. (Evid. Code, 647.) Although the defendant argues that the weight of the evidence established that the process server "fabricated" the declaration, it was for the trial court to consider the declarations and assess the credibility of the witnesses. (Fredrics v. Paige, supra, 29 Cal.App.4th at p. 1647.)