OSTLING v. LORING

Docket No. C015703.

27 Cal.App.4th 1731 (1994)

33 Cal. Rptr.2d 391

ERNEST E. OSTLING et al., Plaintiffs and Appellants, v. ROBERT LORING, Defendant and Respondent.

Court of Appeals of California, Third District.

September 7, 1994.


Attorney(s) appearing for the Case

COUNSEL

Eisen & Johnston, Jay-Allen Eisen, Marian M. Johnston, Karen Leaf, Ann Perrin Farina, Haney, Ostling & McHale and Eric E. Ostling for Plaintiffs and Appellants.

Paul D. Hoskins, Simpson & Maire and Robert G. Simpson for Defendant and Respondent.


OPINION

BLEASE, Acting P.J.

This is a plaintiffs' appeal from an order after judgment. The defendant failed to answer the plaintiffs' complaint and his default was entered. An ex parte hearing on the issue of damages was held, evidence taken, and a default judgment entered for damages. The trial court vacated the default judgment and set aside the default.

We conclude that the default judgment was properly vacated because...

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