Fonseca v. Hobbs

— Defendants Hobbs appeal from a default judgment entered in favor of plaintiffs Fonseca. The question raised is whether the judgment is invalid because based on findings and conclusions claimed to be beyond the allegations of the complaint and because entered during the pendency of an undisposed motion to set aside the prior order of default on the basis of which the default judgment was entered.

On August 7, 1969, plaintiffs filed a complaint against the defendants Hobbs and others entitled “Complaint for Breach of Contract and Fraud Damages.” Paragraphs 4 and 5 allege:

IV

That in November of…