Golstein

Defendant appeals from the Los Angeles County Superior Court’s order denying his motion to set aside, a default judgment.

On May 18, 1968, one Jack W. Soffer died, and his will was admitted to probate in Los Angeles County Superior Court. Defendant, a Florida resident, was a residuary legatee under the Soffer will.

On June 17, 1968, before distribution of the Soffer estate, defendant assigned to his wife his interest in that estate. Thereafter, defendant’s wife instituted divorce proceedings against defendant in Florida, and on April 18, 1969, defendant’s wife was granted a final judgment of divorce.

On May 15, 1969, plaintiff (Fount Wip, a California corporation) filed a complaint for money in Los Angeles County Superior Court, naming as defendants: Fount Wip Southeast Company, a Missouri corporation (hereinafter, Southeast) and Edwin Golstein (hereinafter, defendant) as guarantor in writing of Southeast’s obligations. On that same day, plaintiff applied for an order for publication of summons of Southeast and defendant. The applications for publication of summons were made on the ground that Southeast and defendant were residents of Florida, and the applications were…