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P1340 Issue preclusion (i.e., res judicata; collateral estoppel) does not result from a clerk's entry of default; a default cannot be taken against a party joined as a defendant, but who is in reality a plaintiff; joinder is not proper based on a complaint that fails to allege that the joined party's consent to be a plaintiff could not be obtained, and an allegation that the party has not consented does not satisfy this requirement.CitationFERRARO v CAMARLINGHI (Clerk's Default) 161 CA4 509 [See: CCP 382; Mycogen v Monsanto 28 C4 888, P/AT 9/02]
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