Esquivel v. Raney

Full title: JESS ESQUIVEL et al., Appellants, v. DR. RUPERT B. RANEY, Respondent

Court: Court of Appeal of California, Second District, Division Three

Date published: Aug 17, 1951

106 Cal.App.2d 162 (Cal. Ct. App. 1951)

234 P.2d 62

Opinion

Docket No. 18200.

August 17, 1951.

APPEAL from an order of the Superior Court of Los Angeles County setting aside entry of default. Arnold Praeger, Judge. Appeal dismissed.

Orloff Pollack and Ruthe Jacobson for Appellants.

Ralph N. Highsmith and Henry E. Kappler for Respondent.

VALLEE, J.

Plaintiffs appealed from an order setting aside the entry of the default of defendant Rupert B. Raney. No judgment has been entered in the action.

[1] Section 963 of the Code of Civil Procedure enumerates the various orders from which appeals may be taken. An order setting aside a default before judgment is entered is not one of the orders enumerated. It is therefore not appealable. (See cases cited in 5 West's Cal.Dig. (1951) Appeal and Error, 152, § 113(3).)

Appeal dismissed.

Shinn, P.J., and Wood (Parker), J., concurred.