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Corso obtained a default judgment against Rejuvi in a district court in South Australia.  Corso filed a proof of claim in Rejuvi's bankruptcy proceeding.  Rejuvi appealed from a bankruptcy court order allowing Corso's claim based on the South Australia default judgment.  Held, the claim was properly allowed.  Under California's Uniform Foreign-Country Money Judgment Recognition Act (CCP 1713 et seq.), Rejuvi… Read More

Following David S. Karton, A Law Corp. v. Dougherty (2014) 231 Cal.App.4th 600, this decision holds that when a defendant pays a default judgment entered against him before successfully moving to vacate the default judgment (and hence before filing an answer), Civ. Code 1717(b)(2) applies, making the defendant the prevailing party for purposes of a fee award if the plaintiff… Read More

After serving a defendant by publication, the plaintiff may obtain entry of the defendant's default if the defendant does not file an answer, a motion to transfer, a motion to quash service of summons, a motion to strike or a demurrer within the time for filing an answer.  (CCP 585(c).)  Here, within the time for answering, defendant filed a motion… Read More

Plaintiff obtained a default judgment awarding it the $100,000 he had lent defendant, plus a $100,000 "earn-out" fee, plus 10% interest on both of those sums.  Defendant moved to set the judgment aside under CCP 473(d) and appealed from denial of his motion.  Held, the judgment was in excess of jurisdiction in the sense that it was beyond the trial… Read More

A plaintiff alleging an accounting action must plead a specific dollar amount to support a default judgment awarding monetary relief.  The complaint can plead an estimated amount of damage and can err on the high side.  The decision does not resolve how the maximum default recovery is to be calculated if the complaint's prayer does not distinctly request award of… Read More

This decision reverses the trial court's denial of defendant's motion to set aside a default judgment and the underlying default under CCP 473.5 and for extrinsic mistake or fraud.  Plaintiff lent to defendant's CEO, who without authority pledged defendant's assets as collateral for the loan, which he invested in a Ghanaian scam.  Plaintiff filed suit against the CEO and defendant,… Read More

This decision reverses an order granting defendants equitable relief from a default and default judgment.  A court’s ability to grant relief under its inherent equitable power is narrower than its ability to grant relief under CCP 473(b)  Equitable relief from a default judgment may be granted only in exceptional circumstances, and the party moving for such relief must make a… Read More

While a default judgment may not award damages in an amount greater than that alleged in the complaint, it is not necessary to plead the amount of prejudgment interest, costs or attorney fees.  A default judgment which may otherwise properly award prejudgment interest, costs and attorney fees may do so even if the total judgment, including those items, exceeds the… Read More

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