Schwab
Schwab v. Southern California Gas Co.
Opinion
Opinion
King, J.
INTRODUCTION
Defendant, B & Sons Construction, Inc. (B & Sons), appeals from the trial court’s order denying its motion to set aside defaults and judgments entered in favor of Michael and Sherry Schwab (plaintiffs), and defendants/cross-complainants, Southern California Gas Company (the Gas Company), Southern California Edison Company (SCE), and the City of San Jacinto (the City). (Code Civ. Proc., § 473.) We affirm the defaults and judgments entered in favor of plaintiffs and the Gas Company. We reverse the defaults and judgments entered in favor of SCE and the City.
Plaintiffs’ complaint sought money damages for personal injuries against B & Sons, the Gas Company, SCE and the City. By their cross-complaints, the Gas Company, SCE, and the City sought equitable indemnity and contribution from B & Sons. None of the pleadings stated any amount of money damages. B & Sons was properly served with the complaint and cross-complaints, but failed to answer any of them.
B & Sons contends that the four defaults and judgments entered against it are void, because it was not served with statements of damages within a reasonable time before any of the defaults were entered. As we…