Schwab v. Rondel Homes, Inc.

Opinion

BROUSSARD,J.

—This case presents the question of whether a plaintiff’s failure to serve notice of damages upon a defendant pursuant to Code of Civil Procedure sections 425.10 and 425.111 precludes the plaintiff from taking a default against the defendant. We conclude that a plaintiff may not take a default against a defendant without giving the defendant actual notice as required by statute.

I. Facts

Plaintiff Bill Allen is deaf and uses a signal dog. He and his roommate, plaintiff David Schwab, wished to rent an apartment in Lincoln Terrace, an apartment complex owned and managed by…