Legal Opinion

Parish v. Peters

California Court of Appeal

Decided November 22, 1991No. C008373PublishedCited by 13 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

SPARKS, Acting P. J.

In this case we confront a conundrum created by the interplay of various provisions of the Code of Civil Procedure governing the contents of complaints, the service of process, and the methods of obtaining a default judgment. Under the express statutory scheme, there is no provision for a defaulting defendant in a personal injury action who had been served by publication to be subsequently served with a statement of the damages sought by the plaintiff. The trial court found this lack of express statutory directive for such a statement to be determinative and…

2Cases cited18 opinions

  1. People v. WatsonCalifornia Supreme Court · 1956
  2. Milliken v. MeyerSupreme Court of the United States · 1941
  3. Burtnett v. KingCalifornia Supreme Court · 1949
  4. Greenup v. RodmanCalifornia Supreme Court · 1986
  5. Becker v. S.P v. Construction Co.California Supreme Court · 1980

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3Cited by13 opinions

  1. Electronic Funds Solutions v. MurphyCalifornia Court of Appeal · 2005
  2. Sporn v. Home Depot USA, Inc.California Court of Appeal · 2005
  3. Garamendi v. Golden Eagle InsuranceCalifornia Court of Appeal · 2004
  4. Wozniak v. LUCUTZCalifornia Court of Appeal · 2002
  5. Schwab v. Southern California Gas Co.California Court of Appeal · 2004

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