Opinion
Docket No. 10800.
July 7, 1936.
APPEAL from an order of the Superior Court of Los Angeles County granting relief from default resulting from failure to file a cost bill within the statutory period. Robert W. Kenny, Judge. Affirmed.
The facts are stated in the opinion of the court.
Ralph K. Pierson, City Attorney, Mitchell Johnson and James H. Mitchell for Appellants.
Swaffield Swaffield, Kenneth Sperry and Joseph E. Madden for Respondent.
[1] Appellants challenge the jurisdiction of the trial court to grant relief from the default of respondent, resulting from his inadvertent failure to file his memorandum of costs within the statutory time after notice of entry of judgment. Upon authority of Soda v. Marriott, 130 Cal.App. 589 [ 20 P.2d 758], we hold that the court had jurisdiction to make the order appealed from, and it is therefore affirmed.
Houser, P.J., and Doran, J., concurred.