Ray

Debbie S. obtained a judgment based on a theory of premises liability against United Mortgage, Inc. She appeals from the trial court’s order granting a motion to vacate the judgment brought by David L. Ray, who was appointed receiver for United Mortgage after the judgment was entered. The trial court based its order on appellant’s failure to serve a statement of damages required by Code of Civil Procedure section 425.11, and on the receiver’s showing of entitlement to relief under Code of Civil Procedure section 473. (All further statutory references are to the Code of Civil Procedure.)

Appellant argues that United Mortgage had notice of the damages sought from pleadings filed prior to trial. She also argues that, because the case went to trial, she is not limited to the damages claimed in her complaint or during settlement negotiations. In addition, she challenges the receiver’s showing of grounds for vacating the judgment under section 473. Appellant further argues that there is no showing that the trial court’s allocation of damages was erroneous. Finally, she contends that the receiver invoked the wrong procedure to challenge the judgment. She asserts that he should…