Fried v. Municipal Court

Appeal from judgment dismissing a petition for writ of mandate.

Petitioner brought an action in the municipal court of Los Angeles on a written contract signed by Mae Christian for the purchase of household furniture. Two persons were named as defendants under fictitious names. Defendant Christian failed to answer, whereupon a judgment by default was entered against her for the balance due on the contract, together with attorney’s fees.

Thereafter petitioner, plaintiff in the municipal court action, filed an affidavit with the clerk pursuant to section 989 * of the Code of Civil Procedure…