Davis

This is an appeal from an order denying a motion to set aside an entry of default and a judgment predicated thereon.

On September 28, 1978, plaintiff and respondent, Jo Anne Davis, filed a complaint for restitution and damages against Charles E. Thayer and his mother Eileen D. Willette, defendants and appellants, doing business as Camarillo Gold & Silver Exchange, a partnership. The complaint, which concerned the sale of a partial interest in a contract for the purchase of gold, alleged that defendant Thayer had made nu merous false representations to plaintiff, without any intention of performance. In addition to rescission and recovery of the $20,000 she had invested in the contract, plaintiff alleged that she was entitled to punitive damages in the sum of $50,000 because defendants had acted with oppression, fraud, and malice.

Defendant Thayer was served with summons and complaint on September 28, 1978, while present at the Ventura County Municipal Court for arraignment on felony charges, one of which related to the claim of plaintiff in this action. Defendant Willette was served with summons and complaint on October 2, 1978, at her home in Santa Maria,…