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DIAMOND NAT. CORP. v. GOLDEN EMPIRE BUILDERS, INC

Docket No. 10463.

213 Cal.App.2d 283 (1963)

28 Cal. Rptr. 616

DIAMOND NATIONAL CORPORATION, Plaintiff and Appellant, v. GOLDEN EMPIRE BUILDERS, INC. et al., Defendants and Respondents.

Court of Appeals of California, Third District.

February 20, 1963.

Attorney(s) appearing for the Case

Matthew E. Marsh for Plaintiff and Appellant.

Bradford, Cross, Dahl & Hefner and Ted W. Isles for Defendants and Respondents.

PIERCE, P.J.

This is an appeal by plaintiff from an order granting a motion by defendants to set aside a clerk's default and default judgment against all defendants. The grounds of the motion were (1) the defective service of summons and (2) that no judgment in this action could be made without exercise of judicial discretion, and that, consequently, the clerk's judgment was void.1

[1a] The complaint in its caption...

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