California Court of Appeal

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Biscaro v. Stern, B205856

Default judgment and a restraining order against defendant to stay at least 100 yards away from his ex-wife and her adult son are reversed where: 1) it was reversible error not to rule on defendant's request for accommodation for his neurological disabilities; and 2) it was error to award the condominium as the ex-wife's separate property as the judgment of dissolution against the defendant was by default, and as such, a default judgment may not award more relief than a complaint requests without violating due process.

Appellate Information

  • Decided 12/30/2009
  • Published 12/30/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Allen L. Lanstra, Jr., for Defendant and Appellant., No response on behalf of Plaintiff and Respondent.
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