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Esquivel v. Raney

106 Cal. App. 2d 162 Court Second Dist., Div. Three. Decision date 1951-08-17 Docket Civ. No. 18200 English

Delivered by *163 VALLÉE, J.

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Majority

p. 162
[Civ. No. 18200.
Second Dist., Div. Three.
Aug. 17, 1951.]
JESS ESQUIVEL et al., Appellants, v. DR. RUPERT B. RANEY, Respondent.
Orloff & Pollack and Ruthe Jacobson for Appellants.
Ralph N. Highsmith and Henry E. Kappler for Respondent.

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.

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 appeal-able. (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.