Does a motion to set aside a default judgment against a defendant be granted on the grounds that the judgment is void?

California, United States of America


The following excerpt is from Rodriguez v. Nam Min Cho, 187 Cal.Rptr.3d 227, 236 Cal.App.4th 742 (Cal. App. 2015):

Still, the motion to set aside the judgment should have been granted on the ground that the default judgment is void. A court generally may not grant a default judgment that exceeds the amount demanded in the complaint. ( 580, subd. (a), 585, subd. (b).) Pursuant to section 425.11, a different rule applies [w]hen a complaint is filed in an action to recover damages for personal injury or wrongful death. ( 425.11, subd. (b).) In such cases, the plaintiff may not state the amount demanded in the complaint, but must serve on the defendant a statement setting forth the nature and amount of damages. ( 425.10, subd. (b), 425.11, subds. (b), (c); Sakaguchi v. Sakaguchi, supra, 173 Cal.App.4th at p. 860, 92 Cal.Rptr.3d 717.) Thus, in these cases, the court must limit its default judgment to the amount demanded in the statement of damages. ( 580, subd. (a), 585, subd. (b).)

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