California Court of Appeal
Stein v. York, G040457
In plaintiff's legal malpractice action against her attorney, trial court's entry judgment of $2.65 million in favor of the plaintiff is reversed where: 1) a default judgment for an amount greater than that stated in the complaint is void; 2) constructive notice of potential liability does not satisfy Code of Civil Procedure section 580; 3) the judgment is void and vacated as plaintiff did not comply with the notice requirement; and 4) plaintiff's motion to dismiss the appeal is denied.
Appellate Information
- Decided 01/25/2010
- Published 01/25/2010
Judges
Court
- California Court of Appeal
Counsel
- For Appellees:
- Michael G. York, in pro. per.; and Gerald N. Shelley for Defendant and Appellant., Law Offices of Timothy D. McGonigle and Timothy D. McGonigle for Plaintiff and Respondent.