Legal Opinion
Ely v. Gray
California Court of Appeal
Decided October 30, 1990No. C003747PublishedCited by 11 opinions
1Opinion of the Court
Opinion
NICHOLSON, J.
This case presents the meeting of two discordant legal principles. Plaintiff received a default judgment for $44,618.44 in an action for the dissolution and accounting of two partnerships he formed with defendant. Defendant was provided with no notice of any amount of money which plaintiff claimed he was owed. Defendant appeals arguing the legal principle that a default judgment is void when the defendant is given no notice of the amount claimed. Plaintiff counters with the legal principle that the nature of an accounting is such that an amount cannot be specified and…
2Cases cited19 opinions
- Greenup v. RodmanCalifornia Supreme Court · 1986
- Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc.California Court of Appeal · 1984
- St. James Church of Christ Holiness v. Superior CourtCalifornia Court of Appeal · 1955
- Civic Western Corp. v. Zila Industries, Inc.California Court of Appeal · 1977
- Plotitsa v. Superior CourtCalifornia Court of Appeal · 1983
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sickle v. GilbertCalifornia Court of Appeal · 2011
- Parish v. PetersCalifornia Court of Appeal · 1991
- Cassel v. Sullivan, Roche & JohnsonCalifornia Court of Appeal · 1999
- Janssen v. LuuCalifornia Court of Appeal · 1997
- Sass v. CohenCalifornia Supreme Court · 2020
6 more not listed; retrieve them via the Exa API.