Ford

On the ground that the judgment was void (see 5 Witkin, Cal. Procedure (2d ed. 1971) pp. 3738-3739), petitioner John R. Ford (hereinafter defendant) moved the trial court to vacate a clerk’s default judgment (Code Civ. Proc., § 585, subd. 1) entered against him and in favor of real party in interest Inice E. Orton (hereinafter plaintiff). The motion to vacate was denied, and this petition for mandate followed.

Although the order denying the motion to vacate may have been appealable as an order after judgment (Code Civ. Proc., § 904.1, subd. (b)), by issuing the alternative writ we have determined that petitioner had no adequate remedy in the ordinary course of law. (Randone v. Appellate Department, 5 Cal.3d 536, 543 [ 96 Cal.Rptr. 709 , 488 P.2d 13 ]; Brown v. Superior Court, 5 Cal.3d 509, 515 [ 96 Cal.Rptr. 584 , 487 P.2d 1224 ].)

The Facts

Except for one, which will be noted in the margin, the facts are undisputed.

On June 7, 1966, plaintiff filed her original complaint consisting of two causes of action. The first cause of action sought recovery of $22,000 principal together with interest, costs and attorney fees against defendant Ford on a promissory note. This…