Unger

The matter before this court at this time is the motion of the plaintiff to dismiss the appeal of the defendants.

Chronicled, the following occurred:

The first interrogatory sought to have the defendants:

The plaintiff-respondent asserts that the appeal is taken from orders which by law are not appealable, and that this court does not have jurisdiction or authority to review said orders. As authority for such view, the following cases are cited: Kester Motors, Inc. v. Haddad, 109 Cal.App.2d 369 [ 240 P.2d 1011 ] ; Foley v. Foley, 120 Cal. 33 [ 52 P. 122 , 65 Am.St.Rep. 147 ] ; Sherman v. Standard Mines Co., 166 Cal. 524 [ 137 P. 249 ] ; Pickerill v. Strain, 196 Cal. 683 [ 239 P. 323 ]. The appellant’s counsel, with commendable fairness, stated at the oral argument, “I happen to think that the motion is well taken.”

The defendant-appellant points out that there apparently is no appellate decision in this state holding, in effect, that where a default is ordered by a trial court under the discovery proceedings, the same rules apply with regard to appeal; namely, that the appeal is from the judgment subsequently entered, and not from the order refusing to vacate the default.

We…