Krieger

In this action to recover two months’ rent, plaintiff obtained judgment against Mrs. Dennie and Mr. and Mrs. Vetters, not after a trial, but following proceedings instituted under section 831d of the Code of Civil Procedure. Because in their affidavits, filed in opposition to the motion to strike their answers and enter judgment, the appealing defendants showed facts sufficient to entitle them to defend, it was error to enter judgment against them summarily.

So much of section 831d as is involved in a consideration of the question presented by this appeal follows: “ (4) When an answer is filed in an action to recover upon a debt, ... if it is claimed that there is no defense to the action, on motion of the plaintiff, . . . supported by affidavit of any person or persons having knowledge of the facts, the answer may be stricken out and judgment may be entered, in the discretion of the court, unless the defendant, by affidavit or affidavits, shall show such facts as may be deemed by the judge hearing the motion sufficient to entitle him to defend. . . . (6) The affidavit or affidavits in opposition to said motion shall be made by the defendant, or by any other person having…