White

Appellants’ contention here that the county clerk must enter in the judgment hook a “Judgment of Dismissal” rendered after the court granted a motion to dismiss, with directions to the attorney to prepare the order, cannot be sustained in the face of section 581d of the Code of Civil Procedure, the desirability of simplicity of procedure, the legislative intent, and the practical considerations involved.

Appellants here are defendants in the case of Oppenheimer v. Ashburn, ante, p. 624 [ 343 P.2d 931 ] (Los Angeles Superior Court No. 691595) which we have decided on appeal this day (1 Civ. 18508). In that action the Superior Court in and for the County of Los Angeles on February 5, 1958, sustained demurrers of appellants to the amended complaint granting 10 days in which to amend. When plaintiff failed to amend within the designated time appellants moved to dismiss pursuant to section 581, subdivision 3. On March 25, 1958, the court ruled “Motion Granted Attorney To Prep are Order.”

On March 28, 1958, respondents filed a document signed by Judge John F. Aiso of that superior court entitled “Judgment of Dismissal,” in which it was stated: “[T]he Court having sustained . . .…