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District Court of Appeal, Second District, Division 3, California.


Civ. 13765.

Decided: July 30, 1943

Glenn A. Lane, of Los Angeles, for appellant. Sydney M. Williams, of Los Angeles, for respondent.

After the judge of one department, following a full hearing, and upon conflicting evidence, had denied defendant's motion to quash personal service of summons upon the alleged ground that no service had been made, the judge of another department denied defendant's motion under section 473 of the Code of Civil Procedure to vacate his default upon the ground that he did not know he had been served until the court so ruled on the first motion. Defendant appeals from the second order and from a default judgment against him for damages.

Defendant's showing on the second motion was no stronger than that on the first, and there was manifestly no abuse of discretion in the court's refusal to go contrary to the first ruling or to hold that, although defendant had been served, he did not know it.

The order and judgment are affirmed.

SHINN, Acting Presiding Justice.

PARKER WOOD, J., and BISHOP, Justice pro tem., concur.