Opaco Lumber & Realty Co. v. Eighth Judicial District Court

OPINION

This is before us on petition for writ of certiorari. The action of respondent court sought to be reviewed is its order denying petitioner’s motion to strike the answers of certain defendants in an action brought by petitioner and pending before respondent court. The motion to strike was based upon petitioner’s contention that defendants were not entitled to answer since a default had been taken against them. It is conceded that *279respondent’s action in denying the motion to strike was based upon its determination that, under the circumstances, the default could not be permitted to stand…