Riskin v. Towers

On January 7, 1942, plaintiff commenced an action in the Superior Court of Los Angeles County against defendant for damages for assault and battery and false ar rest. According to the affidavit of service the summons was personally served on defendant in Los Angeles County on January 13, 1942. On February 4, 1942, the summons was filed with the county clerk, and pursuant to plaintiff’s request the clerk entered the default of defendant. On February 10, 1942, defendant specially appeared and filed his notice of motion, hereinafter referred to as first motion, for an order vacating the service…