McCray v. Bd. of Directors, United Services Automobile Assn. CA4/1

Filed 8/9/13 McCray v. Bd. of Directors, United Services Automobile Assn. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

EMANUEL MCCRAY, D061921

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2010-00097606-CU-PA-CTL) BOARD OF DIRECTORS, UNITED SERVICES AUTOMOBILE ASSOCIATION et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of San Diego County, Lorna

Alksne, Judge. Appeal dismissed.

Emanuel McCray, in pro. per., for Plaintiff and Appellant.

Daniels, Fine, Israel, Schonbuch & Lebovits, Maureen M. Michail and Bernadette

C. Brouses for Defendants and Respondents.

Plaintiff Emanuel Cray purports to appeal from an order entered by the trial court

on April 18, 2012 (the order). The order granted defendants' ex parte application to (1)

vacate a clerk's entry of default against them, and (2) set a hearing on defendants' motion

to quash service of summons of McCray's First Amended Complaint.

In their brief and motion to dismiss the appeal, defendants contend the order is not

appealable. An order granting a defendant's motion to vacate a clerk's entry of default is

not appealable. The court in Veliscescu v. Pauna (1991) 231 Cal.App.3d 1521 explained: