Petersen

Liberty Loan Corporation appeals from a judgment of the superior court denying its petition for a writ of mandate to compel the clerk of the municipal court to enter a default judgment in an action on a promissory note.

Facts

On March 30, 1970, appellant Liberty Loan Corporation, as assignee, filed an action in the Municipal Court, San Diego Judicial District, on a promissory note, naming James M. Green who- had executed the note as defendant. Paragraph III of the complaint alleged the unpaid balance, of the note to be $253 as of January 6, 1970, and incorporated a copy of the note which was attached to the complaint. The note itself showed the original indebtedness to have been $500 and stated: “This loan is evidenced by a note and is secured by a Chattel Mortgage on Household Goods—Automobile.” It bore the additional notation: “This Note Is Secured By a Chattel Mortgage.”

Service of process was made on Green and proof was filed with the court. The clerk was requested to enter the defendant’s default, and a “Clerk’s Judgment under C.C.P. 585(1).” The submitted documents were returned to appellant’s attorney who was advised that judgment could not be entered by the…