Strachan

—A transfer was ordered in this case because this appeal raises several basic and fundamental questions relating to the jurisdiction of a municipal court to set aside a default and default judgment taken and entered in that court which to our knowledge has never been considered by an appellate court of this state. However, after careful consideration we adopt the opinion prepared by Judge Joseph L. Joy of the Appellate Department of the Superior Court of Fresno County. This opinion reads as follows:

On November 10, 1964, plaintiffs filed an action in the Municipal Court, Fresno Judicial District, against Luella B. Hyde for damage to real property as a result of a storm. Thereafter, on May 1, 1966, an amended complaint was filed in the action which named The American Insurance Company as a defendant.

A copy of the amended complaint and the summons issued thereon was served on The Aznercan Insurance Company at San Francisco, California on June 23,1966.

The copy of amended complaint and summons was forwarded by The American Insurance Company to the Fresno office of Fireman’s Fund Insurance Co. on June 28, 1966, for handling. The manager of Fireman’s Fund telephoned Leon ard…