Sharp

Sharp v. Paulson

Good Law
111 Cal. App. 515·1931 Cal. App. LEXIS 1179·295 P. 856
Court of Appeal of CaliforniaFebruary 3, 1931Docket No. 4009.California1,077 words

Opinion

Lead Opinion

This is an appeal from an order denying the defendants’ motion to set aside a default judgment.

The transcript in this cause, among other things, sets forth a copy of the opinion of the trial court, stating the reasons why the appellants’ motion was and should be denied. An examination of the record discloses that everything contained in the opinion of the trial court is amply supported, and that no other conclusion could be reasonably drawn from the facts presented for our consideration. For this reason we have adopted the opinion of the trial court as our own opinion, as follows:

“ This cause is before the court upon defendants’ motion to vacate and set aside a default judgment herein. The motion is made under the provisions of section 473 of the Code of Civil Procedure upon the ground of inadvertence, surprise and excusable neglect. The matter was sub mitted to the court upon the affidavit of merits of Owen E. Paulson, the proposed answer of the defendants, the records and files in the case and oral and documentary evidence.

“The record shows that the action was commenced on June 14, 1928. That the demurrer of the defendants was filed June 22, 1928. Upon stipulation of…

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