California Court of Appeal

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Dhawan v. Biring, B257977

In a suit following a failed business relationship, alleging contract and fraud-based causes of action, the trial court's order setting aside default judgment is affirmed where: 1) because plaintiff's complaint did not specify the amount of damages sought, the default judgment was void and subject to collateral attack at any time; and 2) plaintiff's contention that he met the requirements of Code of Civil Procedure section 580 by serving defendant with a statement of damages under section 425.11 or 425.115, is unpersuasive because the underlying claims did not involve personal injury or wrongful death, and the default judgment was for compensatory damages only.

Appellate Information

  • Decided 10/28/2015
  • Published 10/28/2015

Judges

  • KRIEGLER

Court

  • California Court of Appeal

Counsel

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