Holton

Plaintiff brought an action against several defendants, including appellant, to foreclose a mortgage on real property in Tulare County. Appellant, although duly served, failed to appear and answer, and his default was duly entered. In accordance with the default judgment against appellant and other defendants, a decree of foreclosure and order of sale was made by the trial court, which provided in accordance with plaintiff’s prayer that, in case of a deficiency, judgment for that amount should be entered against certain named defendants. Through the inadvertence and mistake of the plaintiff’s counsel or his secretary, the name of appellant was omitted from this part of the decree and order. The property was duly sold, and there was thereupon docketed against all the defendants, jointly and severally, other than the appellant, a deficiency judgment of $8,712.44. The complaint alleged, and since Holton defaulted it must be accepted as true, that appellant had assumed and agreed to pay the mortgage. Plaintiff, upon discovering its error, moved the court, under section 473 of the Code of Civil Procedure, for a nunc pro tune order amending the decree of foreclosure and order of sale by…