Esquivel v. Raney

JESS ESQUIVEL et al., Appellants, v. DR. RUPERT B. RANEY, Respondent.

COUNSEL

Orloff & Pollack and Ruthe Jacobson for Appellants.

Ralph N. Highsmith and Henry E. Kappler for Respondent. [106 Cal. App. 2d 163]

OPINION

VALLEE, J.

Plaintiffs appealed from an order setting aside the entry of the default of defendant Rupert B. Raney. No judgment has been entered in the action.

[1] Section 963 of the Code of Civil Procedure enumerates the various orders from which appeals may be taken. An order setting aside a default before judgment is entered is not one of the orders enumerated. It is therefore not appealable. (See cases cited in 5 West's Cal.Dig. (1951) Appeal and Error, 152, § 113(3).)

Appeal dismissed.

Shinn, P. J., and Wood (Parker), J., concurred.