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PERRY v. ZABRISKIE

Docket No. 30376.

246 Cal.App.2d 477 (1966)

54 Cal. Rptr. 759

JOSEPH PERRY et al., Plaintiffs and Appellants, v. BOYD ZABRISKIE et al., Defendants and Respondents

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

November 16, 1966.

Attorney(s) appearing for the Case

P. Basil Lambros and Samuel Z. Winnikoff for Plaintiffs and Appellants.

Mantalica, Barclay & Teegarden and Lewis C. Teegarden for Defendants and Respondents.

LILLIE, J.

Invoking the court's equity power, plaintiffs Perry commenced this action in May of 1965 to set aside a default judgment obtained by the defendants Zabriskie in February of that year involving the sale of a business assertedly obtained by fraud; their default had previously been taken in December of 1963. The gist of the present proceeding is that plaintiffs were lulled into a sense of false security by an attorney for the Zabriskies in the former action...

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