Lyons v. Swope

The appellant filed a complaint in the Superior Court of San Mateo County invoking the equity powers of the court to set-aside and vacate a default judgment made and entered against him by the Municipal Court of the Southern Judicial District of San Mateo County. This appeal is taken from the trial court’s action in sustaining respondent’s demurrer to the complaint without leave to amend.

Appellant is an attorney at law licensed to practice in California and, in connection with a personal injury action, employed the respondent, a licensed California private investigator, pursuant to a…