California Court of Appeal

Elec. Funds Solutions v. Murphy, G031778

Default judgment awarding damages of $24,040,272 pursuant to an order striking defendants' answer as a discovery sanction is reversed where the damages award imposed as a sanction exceeded the amount of $50,000 requested in the complaint and nothing in the complaint put defendants on notice of such potential liability for default.

Appellate Information

• Decided 12/14/2005
• Published 12/14/2005

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Akin Gump Strauss Hauer & Feld, William A. Norris, Edward P. Lazarus and L. Rachel Helyar, Los Angeles;  Bennett & Fairshter, Joel R. Bennett and Matthew J. Fairshter, Pasadena, for Defendants and Appellants., Johnson and Associates and Einar Wm. Johnson, Torrance, for Plaintiffs and Respondents.