Veliscescu v. Pauna

Opinion

TURNER, P. J.

I. Introduction

Plaintiff Constantin Velicescu, individually and doing business as Connie Construction Co., attempts to appeal from an order granting defendant Dan Fauna’s motion to vacate a default entered by the clerk of the trial court. Defendant correctly contends that the order was not appealable. Therefore, we dismiss the appeal.

II. Discussion

A.

The Order Granting Defendant’s Motion to Vacate a Clerk’s Entry of Default Was Not Appealable

Established California decisional law provides that no appeal lies from an order granting a motion to vacate a default upon which no default judgment has been entered.

(Leo

v.

Dunlap

(1968) 260 Cal.App.2d 24, 25 [66 Cal.Rptr. 888]; cf.

Winter

v.

Rice

(1986) 176 Cal.App.3d 679, 682 [222 Cal.Rptr. 340] [order denying motion to vacate clerk’s entry of default].) Also, Code of Civil Procedure section 904.1, which contains a lengthy list of appealable orders and judgments, does not allow an appeal to be taken from an order granting a defendant’s default relief motion. In the present case, defendant’s default was entered by the clerk of the superior court on April 6, 1988. However, no default judgment was ever entered. As Division Seven of this appellate district noted in

Winter

v.

Rice, supra,

176

[1523]