JOHNSON v. HAYES CAL BUILDERS, INC.

Docket No. L.A. 27255.

60 Cal.2d 572 (1963)

387 P.2d 394

35 Cal. Rptr. 618

RUBY JOHNSON, as Executrix, etc., et al., Plaintiffs and Appellants, v. HAYES CAL BUILDERS, INC., Defendant and Respondent; CONTINENTAL CASUALTY COMPANY, Intervener and Respondent.

Supreme Court of California. In Bank.

December 12, 1963.


Attorney(s) appearing for the Case

William A. Friedrich for Plaintiffs and Appellants.

No appearance for Defendant and Respondent.

Anderson, McPharlin & Conners and Luther L. Jensen for Intervener and Respondent.


TOBRINER, J.

We are called upon to determine whether a default judgment taken against a defendant to this action may be set aside as void on its face because the defendant, a corporation, improperly substituted itself in propria persona in the place of its attorneys. We hold that although the surety on defendant's attachment bond may intervene subsequent to the hearing on the default to show the invalidity of the default proceedings, the improper substitution does...

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