Is Respondent's failure to serve a motion to dismiss an order invalid?

Appellant contends that because respondent's noncompliance with section 4809 rendered the orders invalid, Code of Civil Procedure section 473 does not apply. We agree. Respondent's failure to serve appellant with notice of the motion is the equivalent of failure to serve summons and [224 Cal.App.3d 1040] complaint, which renders a judgment void on its face and subject to collateral attack at any time. (See Nagel v. P & M Distributors, Inc. (1969) 273 Cal.App.2d 176, 180, 78 Cal.Rptr. 65.)