Wilson v. Goldman

AULT, J. pro tem. *

Plaintiffs Woodrow A. Wilson and Mary Jane Wilson appeal from an order setting aside an entry of default and a default judgment against the defendant, Allen Goldman, for $40 000 ($20,000 for each- plaintiff), in a personal injury action. The motion to set aside the default was made pursuant to Code of Civil Procedure section 473, and was principally based upon an affidavit filed by defendant’s counsel in which he alleged he had been unable to appear at the trial because he was ill and hospitalized on the trial date and had undergone major surgery only three days before. The…