Conway

Iverson, Yoakum, Papiano & Hatch, Patrick McAdam and Scott Parks LeTellier for Real Party in Interest and Appellant.

Steven Mitchell Neimand for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

OPINION

GALE, J. [*]

The real party in interest herein, appellant Security Pacific National Bank (Bank), appeals from the judgment of the superior court granting a writ of mandate commanding the Municipal Court of Beverly Hills Judicial District to vacate and set aside a default judgment taken against petitioner Lloyd Conway (Conway).

The Bank brought suit against Conway in the municipal court. The issues were joined and the matter set for trial on April 13, 1977. On February 8, 1977, Conway was at the office of his attorney Mr. Nungesser (Nungesser) and was then informed that the trial of the matter was set for April 13, 1977. Conway made no attempt thereafter to contact Nungesser and Nungesser attempted several times thereafter to contact Conway by telephone but was unsuccessful.

Conway did not appear on the date of trial. When Nungesser arrived at the courtroom, he waved to a clerk whom he believed knew him and went out to call Conway. No one answered for…