Hodge Sheet Metal Products v. Palm Springs Riviera Hotel

This is an appeal from the order granting defendant’s motion to set aside default, entry of default, and default judgment.

The facts presented by the record before us are as follows: February 23, 1960, plaintiff filed an action against defendants Palm Springs Riviera Hotel, Mark Schuman, Erwin Schuman, and fictitiously named defendants, for foreclosure of an alleged materialman’s lien in the alleged amount of $18,000.50, on certain real property. It alleged that all of the three named defendants were the owners of the property. The summons and complaint, however, were served only on Irwin…