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SOUSA v. CAPITAL CO.

Docket No. 20890.

220 Cal.App.2d 744 (1963)

34 Cal. Rptr. 71

JOHN R. SOUSA et al., Plaintiffs and Respondents, v. CAPITAL COMPANY et al., Defendants and Appellants.

Court of Appeals of California, First District, Division One.

September 30, 1963.

Attorney(s) appearing for the Case

Erskine & Tully for Defendants and Appellants.

Thomas, Beedy, Nelson & King, John E. Anderton and Richard H. Perry for Plaintiffs and Respondents.

BRAY, P.J.

Defendants appeal from an order vacating plaintiffs Sousas' default and a default judgment thereon after plaintiffs failed to file a third amended complaint.

QUESTIONS PRESENTED.

1. May a clerk enter default for plaintiffs' failure to amend complaint?

2. Is the method provided by section 581, subdivision 3, Code of Civil Procedure, for the dismissal of an action upon failure of the plaintiff to amend complaint after demurrer sustained...

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