Mosler

Ellen Mosler, plaintiff, appeals from an order staying proceedings in her action against William Farrington, defendant. This order was made on “the ground that the commissioner in this contested .case had no jurisdiction to- hear and determine the merits of plaintiff’s claim and make findings respecting any alleged fraud of defendant except upon written stipulation of the parties litigant or upon written notice of a default hearing to be heard by the Court.”

This order is appealable as an order made after an appealable judgment (see Code Civ. Proc., § 904.1, subd. (b)) because the judgment referred to in the order is a purported default judgment rendered in 1968 for $66,000 following “dismissal” of defendant’s answer (see 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, §§ 81, 82, pp. 4091-4094) and because the order under appeal would appear to be equivalent in its effect to an order vacating the judgment as a nullity. (See 6 Witkin, op. cit, § 88, p. 4097.)

The sole question on. this appeal is whether the purported 1968 default judgment is a nullity. We hold that it is. Article VI, section 21 of the California Constitution provides that on stipulation of the parties…