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GROVES v. PETERSON

No. B152404.

123 Cal.Rptr.2d 164 (2002)

100 Cal.App.4th 659

Edward D. GROVES, Plaintiff and Appellant, v. Norma A. PETERSON et al., Defendants and Respondents.

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

As Modified August 9, 2002.

Attorney(s) appearing for the Case

Law Offices of Jerry K. Staub, Jerry K. Staub, Patricia Venegas, Los Angeles; and Charlotte E. Costan, Burbank, for Plaintiff and Appellant.

Amante & Shaffer, Jerome L. Amante and Darren G. Shaffer, Irvine, for Defendants and Respondents.

CHARLES S. VOGEL, P.J.

INTRODUCTION

Appellant Edward D. Groves (Groves) filed the present independent action in equity to vacate a prior default and default judgment against him, on the ground the prior judgment is void because he was not validly served with the summons and complaint. The trial court sustained, without leave to amend, a demurrer to Groves's complaint, on the ground it is barred by collateral estoppel because appellant's prior motion in the...

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