ARMSTRONG v. GATES

Docket No. 40471.

32 Cal.App.3d 952 (1973)

108 Cal. Rptr. 604

GERALD ARMSTRONG et al., Plaintiffs and Appellants, v. KARL E. GATES, Defendant and Respondent.

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

June 15, 1973.


Attorney(s) appearing for the Case

COUNSEL

Murray C. Lertzman and Peter Andrew Notaras for Plaintiffs and Appellants.

Spray, Gould & Bowers and Daniel O. Howard for Defendant and Respondent.


OPINION

LILLIE, J.

Plaintiffs appeal from order setting aside entry of default and default judgment. On March 9, 1967, plaintiffs filed suit for personal injuries arising out of an automobile accident on March 17, 1966. Both parties were insured with State Farm Mutual Automobile Insurance Company. Because of difficulty in locating defendant he was not served until March 8, 1970; no answer having been filed his default was entered...

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