Opinion
Hearing Granted Sept. 27, 1943.
Appeal from Superior Court, Los Angeles County; Emmet H. Wilson and Frank G. Swain, Judges.
Action by David Riskin against Walter Towers, wherein a default judgment was taken against defendant. From the judgment and from an order denying motion to vacate and set aside default, defendant appeals.
Affirmed.
COUNSEL
Glenn A. Lane, of Los Angeles, for appellant.
Sydney M. Williams, of Los Angeles, for respondent.
OPINION
SHINN, Acting Presiding Justice.
After the judge of one department, following a full hearing, and upon conflicting evidence, had denied defendant’s motion to quash personal service of summons upon the alleged ground that no service had been made, the judge of another department denied defendant’s motion under section 473 of the Code of Civil Procedure to vacate his default upon the ground that he did not know he had been served until the court so ruled on the first motion. Defendant appeals from the second order and from a default judgment against him for damages.
Defendant’s showing on the second motion was no stronger than that on the first, and there was manifestly no abuse of discretion in the court’s refusal to go contrary to the first ruling or to hold that, although defendant had been served, he did not know it.
The order and judgment are affirmed.
PARKER WOOD, J., and BISHOP, Justice pro tem., concur.