Wilson

This is an appeal from an order quashing service of process, setting aside a default, and vacating a judgment. On April 7, 1957, appellant, as plaintiff in the trial court, commenced this action to collect two debts guaranteed by respondent A. K. Wilson, a resident of Oregon. Respondent was served with process while present in California for the purpose of being sentenced in a criminal tax evasion action in the federal district court. Thereafter, his default was entered and a default judgment was taken for the amount of $19,575.42. Respondent filed motions to quash service, set aside default and vacate judgment, which motions were granted. This appeal followed. The sole question presented is whether a nonresident who is in this state for the purpose of being sentenced in a federal criminal action is immune from service of process in a civil action pending in a state court.

The researches of counsel and of this court have discovered no California case on the precise point at issue.

“Generally, witnesses in attendance on a court outside the territorial jurisdiction of their residence are immune from service of civil process while attending court and for a reasonable time before…