RAPPLEYEA v. CAMPBELL

Docket No. S035028.

8 Cal.4th 975 (1994)

884 P.2d 126

35 Cal. Rptr.2d 669

HAL RAPPLEYEA, Plaintiff and Respondent, v. KEN CAMPBELL et al., Defendants and Appellants.

Supreme Court of California.

December 1, 1994.


Attorney(s) appearing for the Case

COUNSEL

Mendes & Mount, Donald K. Fitzpatrick, Joan E. Havens and Michael S. Patterson for Defendants and Appellants.

Mark S. Simonian for Plaintiff and Respondent.


OPINION

MOSK, J.

The question is whether a default must be set aside and a default judgment reversed on the ground of abuse of discretion. We conclude that they must be, and reverse the Court of Appeal's judgment.

Defendants, Arizona residents, were personally served with a summons and complaint on November 1, 1990. Defendants chose to proceed in propria persona and had an Arizona lawyer, apparently an old friend of theirs...

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