Hensley

Here’s one for your “I don’t believe it” file. Appellants, Gary and Cary Hensley, seek to reinstate a default judgment against them which had been set aside by the trial court. But, of course, there is a twist. They wish the reinstated judgment to reflect a damage award of zero. As we shall explain, appellants are not aggrieved and therefore cannot appeal the order. (Code Civ. Proc., § 902.) The appeal is dismissed as to the order setting aside the money judgment.

Facts

In 1985 plaintiff Harriett Poyer Campbell obtained a default judgment against Gary and Cary Hensley. The complaint alleged that the Hensleys, through the negligent and malicious excavation of their hillside property, caused Campbell’s adjacent property to slip and subside, causing the stairway to her home to partially collapse. In her first cause of action Campbell prayed for damages “according to proof,” and punitive damages. Campbell obtained a default judgment for $34,541 against the Hensleys on her cause of action alleging that the Hensleys had deprived her land of its lateral support.

The second cause of action alleged that defendants had caused a nuisance which entitled plaintiff to injunctive…