Lopez

In this appeal we determine that a default judgment, entered without personal service on a nonappearing defendant of the statutory notice of special and general damages required by Code of Civil Procedure section 425.11, is void.

In the trial court, defendants moved to set aside defaults taken against them. The motions were denied. In this court, defendants contend relief should have been granted in that (1) plaintiff failed to serve them with a statement of damages as required by Code of Civil Procedure section 425.11 and (2) excusable neglect was established. They further assert the damages awarded were excessive as a matter of law. Defendants’ first contention has merit and we shall reverse.

Factual and Procedural Background

While riding a motorbike owned by his father, Arnold, young Chris Fancelli collided with plaintiff who was riding a three-wheeled vehicle. Counsel for plaintiff contacted Arnold Fancelli’s insurance company, Mary land Casualty Company (Maryland), and apprised it of plaintiff’s injuries. In February 1987, to protect the statute of limitations, plaintiff’s complaint for personal injuries and property damage was filed against both Chris and Arnold…