Legal Opinion
Weakly-Holt v. Foster
California Court of Appeal
Decided October 21, 2014No. F067626PublishedCited by 9 opinions
1Opinion of the Court
Opinion
HILL, P. J.
Defendant appeals from a default judgment entered against him, contending his default was improperly entered because plaintiff failed to serve him with a statement of damages prior to entry of his default, which denied him his last opportunity to plead to the complaint and avoid a default. Because of the effect of the bankruptcy proceedings on the claims against defendant, we find no error in the trial court’s proceedings and affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff filed a medical malpractice complaint against defendant, a plastic surgeon. Defendant…
2Cases cited9 opinions
- INGERSOLL-RAND FINANCIAL CORPORATION, Plaintiff-Appellee, v. MILLER MINING COMPANY, INC.; Michael Miller, Esq., Defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1987
- Green v. WelshCourt of Appeals for the Second Circuit · 1992
- International Business Machines v. Fernstrom Storage & Van Co. (In re Fernstrom Storage & Van Co.)Court of Appeals for the Seventh Circuit · 1991
- Morgan v. United Retail Inc.California Court of Appeal · 2010
- Leo v. DunlapCalifornia Court of Appeal · 1968
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Grand Prospect Partners v. Ross Dress for Less, Inc.California Court of Appeal · 2015
- Higgins v. Superior Court of San Diego Cnty., California Court of Appeal, 5th District2017
- Grand Prospect Partners v. Ross Dress for LessCalifornia Court of Appeal · 2015
- Higgins v. Superior CourtCalifornia Court of Appeal · 2017
- Higgins v. Superior CourtCalifornia Court of Appeal · 2017
4 more not listed; retrieve them via the Exa API.