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GLENWOOD HOMEOWNERS ASSN. v. PROSHER DEV. LTD.

Docket No. 58099.

111 Cal.App.3d 1002 (1980)

169 Cal. Rptr. 48

GLENWOOD HOMEOWNERS ASSOCIATION, INC., Plaintiff and Appellant, v. PROSHER DEVELOPMENT LTD., et al., Defendants and Cross-complainants; F.A. GOPLEN & SONS, INC., Defendant, Cross-defendant and Respondent.

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

November 12, 1980.

Attorney(s) appearing for the Case

COUNSEL

Boren, Elperin, Howard & Sloan, Ralph B. Dash, William Elperin and Steven J. Revitz, for Plaintiff and Appellant.

No appearance for Defendants and Cross-complainants.

Buck, Molony, Nimmo & Ammirato, Mark D. Rutter and Robert L. Thompson for Defendant, Cross-defendant and Respondent.

OPINION

HASTINGS, J.

On this appeal we must decide whether an appearance by an unserved defendant by way of answer to a cross-complaint constitutes a general appearance by such cross-defendant so that plaintiff can serve the original complaint by mail on the cross-defendant.

Appellant, Glenwood Homeowners Association, Inc., commenced the within action on August 16, 1976, by filing a complaint against several named defendants...

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