DAHER v. AMERICAN PIPE & CONSTR. CO.

Docket No. 23963.

257 Cal.App.2d 816 (1968)

65 Cal. Rptr. 259

NESS M. DAHER, Plaintiff and Appellant, v. AMERICAN PIPE AND CONSTRUCTION COMPANY, Defendant and Respondent.

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

January 15, 1968.


Attorney(s) appearing for the Case

Wax, Howard & Searle and H. Reed Searle for Plaintiff and Appellant.

Toff, Gordon & Royce and F. John Royce for Defendant and Respondent.


SALSMAN, J.

Appellant brought this action to set aside a default judgment entered against him on the ground that the judgment was obtained because of his inadvertence and by means of extrinsic fraud and mistake. After hearing the evidence the trial court found no excusable mistake or neglect on the part of appellant, and no fraud on the part of respondent. Accordingly the court entered a "take nothing" judgment, in effect refusing to set aside the default judgment...

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