Hammel v. Lindner

Defendant and cross-complainant appeals from an order setting aside an order dismissing respondent’s complaint and setting aside default and default judgment which had been entered for appellant on appellant’s cross-complaint. The default and dismissal had been granted because of failure of plaintiff and cross-defendant to answer certain interrogatories. The motion was to set aside the default judgment only, but the purpose was to obtain complete relief, and the superior court treated the motion as one to relieve from the default as well as from the default judgment. The motion was made more…