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FAZZI v. PETERS

Docket No. S.F. 22585.

68 Cal.2d 590 (1968)

440 P.2d 242

68 Cal. Rptr. 170

ADOLPH R. FAZZI et al., Plaintiffs and Respondents, v. ROBERT E. PETERS, Defendant and Appellant.

Supreme Court of California. In Bank.

May 16, 1968.

Attorney(s) appearing for the Case

Philip N. Schmidt for Defendant and Appellant.

Nagle, Vale & McDowall and Vernon V. Vale for Plaintiffs and Respondents.

SULLIVAN, J.

In this case we simply reaffirm the seemingly self-evident proposition that a judgment in personam may not be entered against one not a party to the action. In so doing we disapprove the case of Calimpco, Inc. v. Warden (1950) 100 Cal.App.2d 429 [224 P.2d 421], insofar as it holds or implies to the contrary.

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