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U-TOTEM STORE v. WALKER

No. 2 CA-SA 0117.

142 Ariz. 549 (1984)

691 P.2d 315

U-TOTEM STORE, Stone and Roger, Fairmont Foods Company, dba U-Totem, Inc., doing business as U-Totem, 3990 North Stone Avenue, Tucson, Arizona; U-Totem, Inc., doing business as U-Totem, 3990 North Stone Avenue, Tucson, Arizona, Petitioners, v. The Honorable George T. WALKER, Court Commissioner, and Acting Judge of Pima County Superior Court, Respondent, and Melanie Croci and Robert Croci, husband and wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

October 30, 1984.

Attorney(s) appearing for the Case

Kimble, Gothreau, Nelson & Cannon, P.C. by Darwin J. Nelson, Tucson, for petitioners.

Blaser, Kelly & Don, P.C. by William B. Blaser, Tucson, for real parties in interest.

OPINION

HOWARD, Judge.

May a defendant who seeks to set aside a default depose the plaintiff for the purpose of securing evidence to demonstrate a meritorious defense? We hold that he may — that discovery for the purpose of satisfying the meritorious defense requirement is not precluded by the entry of default.

This court has jurisdiction to entertain this petition and to grant the relief requested by virtue of A.R.S. § 12-120.21(A)(3)...

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