MORGAN v. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT (1987)

Court of Appeal, Second District, Division 7, California.

Phillip MORGAN, Plaintiff, v. SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT, Defendant.

B019782.

Decided: January 07, 1987

ORDER GRANTING REHEARING

The opinion in this matter, filed December 9, 1986, 232 Cal.Rptr. 282, is vacated and a rehearing is granted to reconsider the case in light of Greenup v. Rodman (1986) 42 Cal.3d 822, 231 Cal.Rptr. 220, 726 P.2d 1295.

The court will rehear argument on the issues whether the default and default judgment are void because plaintiff failed to provide defendant with a notice of the damages claimed as provided in Code of Civil Procedure section 425.11 and, if so, the proper disposition of this appeal. (Cf. Greenup v. Rodman, supra, 42 Cal.3d at pp. 830–831, 231 Cal.Rptr. 220, 726 P.2d 1295.)

The parties are directed to file supplemental briefs presenting their views on the foregoing issues in light of Greenup v. Rodman. Appellant's brief shall be filed and served within twenty (20) days of the date of this order. Respondent's brief shall be filed and served within twenty (20) days of service of appellant's brief.

JOHNSON, Associate Justice.

LILLIE, P.J., and THOMPSON, J., concur.

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