California Court of Appeal

In this appeal from a default judgment entered against defendant in a medical malpractice action, defendant contends that his default was improperly entered because plaintiff failed to serve him with a statement of damages prior to entry of his default, denying him his last opportunity to plead the complaint and avoid a default. The default judgment against defendant is affirmed, where, under the circumstances of this case, service of the statement of damages on defendant was not necessary or permitted by the bankruptcy stay, and would not have opened up the default and allow defendant to answer the complaint.

Appellate Information

• Decided 10/21/2014
• Published 10/21/2014

Judges

• Hill

Court

• California Court of Appeal

Counsel