Becker v. S.P v. Construction Co.

Opinion

BIRD, C. J.

This court must decide whether a default judgment for $26,457.50 in damages, and $2,500 attorney’s fees, is void under Code of Civil Procedure section 580 if the underlying complaint sought damages “in excess of $20,000. . .or according to proof,” punitive damages of $100,000, and costs.

I

Plaintiffs, Hugh Peter Becker and Ute I. Becker, appeal from an order vacating a default judgment against defendants S.P.V. Construction Company, Inc. (S.P.V.) and its president, George S. Soles. The case arose out of a contract for the construction of a residence for the Beckers by S.P.V.…