Molen v. Friedman

Opinion

BLEASE, Acting P. J.

This case arises on consolidated appeals from a judgment in an action which collaterally attacks a default judgment (the collateral action) and from a new judgment in the action in which the default judgment was set aside (the default action).

The original default judgment awarded damages to respondents Morton L. and Marcy Friedman (the Friedmans) for breach of a commercial lease. The collateral action attacked the default judgment on the ground, inter alia, the damages awarded exceed the relief demanded in the complaint. The matter was tried to the court on the…