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GARDNER v. SUPERIOR COURT

Docket No. D004506.

182 Cal.App.3d 335 (1986)

227 Cal. Rptr. 78

VIRGINIA McNEIL GARDNER, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, etc., Respondent; ARTHUR K. STATT et al., Real Parties in Interest.

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

June 12, 1986.

Attorney(s) appearing for the Case

COUNSEL

Lawrence R. LePiere for Petitioner.

No appearance for Respondent.

Fender, Campbell & Fender and Robert N. Campbell for Real Parties in Interest.

OPINION

KREMER, P.J.

Virginia M. Gardner petitions for writ of mandate to set aside the superior court order vacating her default judgment against real parties Arthur K. and Barbara L. Statt. The trial judge exercised no discretion but instead expressed the opinion he was compelled by this court and by the judicial system in general to vacate the default. We issue the writ of mandate...

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