Davis

Davis v. Taliaferro

Good Law
1963 Cal. App. LEXIS 1757·218 Cal. App. 2d 120·32 Cal. Rptr. 208
Court of Appeal of CaliforniaJuly 11, 1963Civ. 20554, 20660California1,321 words

Opinion

Opinion

Sullivan, J.

Appellant E. A. Taliaferro has taken two appeals on separate records from orders made in an unlawful detainer action. In Civil No. 20554, he has appealed from an order vacating an entry of default. In Civil No. 20660, he has appealed from an order granting a motion to strike a cross-complaint.

Following are the pertinent procedural events: On January 31, 1961, respondent Dorothy Davis filed a complaint in unlawful detainer against appellant. On March 23, 1961, appellant filed an answer thereto. At the same time, appellant filed a "Cross-Complaint For Conspiracy and Motion to Set Aside Sheriff’s Sale” in three counts. Respondent and William H. Hoogs were named cross-defendants in all three counts; Walter C. Young, Sheriff of Contra Costa County, was named as an additional cross-defendant in the second and third counts. On March 31, 1961, respondent filed a motion to strike the above cross-complaint, which was taken under submission on April 21, 1961. While such motion was still under submission, and on September 29, 1961, the court ordered “that the defaults of Cross-defendants Dorothy Davis and William H. Hoogs be entered herein.” The minute order entered on such date further…

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