Keener

Plaintiff Eagle Electric Manufacturing Co., Inc., a New York corporation, qualified to do business in California, sued defendants Keener, William P. Clark and others to set aside a default judgment rendered against it in the Superior Court of the County of Ventura. Thereafter plaintiff’s motion for entry of summary judgment was granted.' Defendants appeal from judgment vacating the Ventura judgment entered on the order.

The instant proceeding had its genesis in a personal injury action filed in the Ventura Superior Court on April 3,1962, by defendants Keener against plaintiff corporation and others not here involved (action against them is pending trial); defendant Clark was attorney for the Keeners. On October 17, 1962, Clark filed his “Declaration in Support of Order for Service of Process on Secretary of State Pursuant to Corporations Code Sec. 6501” (attached to motion for summary judgment as Exh. 1) asserting that J. Barrett Cohen, William Garland Building, Los Angeles, California, is the designated agent of plaintiff for service of process and that ‘ said agent cannot be found with due diligence at the address stated in the designation,” resulting in an order that service…