Finney

John Gomez appeals from a default judgment awarding Kevin Finney $51,989.96 in an action for partition, breach of contract, and contribution. Gomez contends the amount of the award violates Code of Civil Procedure section 580 subdivision (a), which provides in the case of a default “[the] relief granted to plaintiff ... cannot exceed that which he or she shall have been demanded in his or her complaint....” We conclude the judgment is void for lack of jurisdiction because Finney’s complaint failed to give Gomez notice of the type or amount of relief requested.

Facts and Proceedings Below

Finney and Gomez purchased a four-bedroom home for $370,000 in Torrance as tenants in common. They each equally contributed to the down payment and closing costs.

At the time of purchase, Finney and Gomez entered into an oral contract which provided they would split the costs of ownership, maintenance, property taxes, and mortgage equally; each had a right of 50 percent ownership in the house; they would own the house for a minimum of three years; and each could rent out one or both of their bedrooms for income. Finney and Gomez also agreed the other party would be reimbursed the…