What is the effect of a default on a motion brought by a defendant in a personal injury case?
California, United States of America
The following excerpt is from Taliaferro v. Taliaferro, 171 Cal.App.2d 1, 339 P.2d 594 (Cal. App. 1959):
Appellant's final contention is that the court should not have entered judgment for respondent while she was in default. Since the complaint showed no ground for relief, the default of one of the parties could not improve it. The superior court aptly noted, Williams v. Foss, 1924, 69 Cal.App. 705, at page 707, 231 P. 766, at page 767: 'The default admitted nothing more than was alleged in the complaint.'
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