Carrasco

Defendants John Craft and Jean Barton appeal from a default judgment following the denial of their motion to set aside default and default judgment. We reverse the judgment with directions.

Procedural Statement

On September 11, 1980, plaintiff filed a complaint alleging eight causes of action against defendants Craft and Barton, as well as other defendants. On March 16, 1981, defendants filed an answer to the complaint specifically denying relevant portions of the complaint and setting forth seven separate affirmative defenses. In addition, defendants filed a cross-complaint alleging two causes of action against plaintiff for failure to pay rent and wilfully and maliciously making false and untrue statements to an unidentified reporter.

Plaintiff answered the cross-complaint on April 23, 1981. In addition, plaintiff filed a demurrer as to cross-complainants’ second cause of action. After a continuance, defendants’ attorney represented that he would not appear and did not intend to file a response to the demurrer so the court granted the demurrer as to the second cause of action with leave to amend. Upon defendants’ failure to file an amended cross-complaint within the…