Janssen

A plaintiff filed and served a municipal court complaint for damages “in an amount in excess of $3,000.00, and according to proof at time of trial." The defendants failed to answer and a default judgment was entered for $24,825.04, an amount within the municipal court’s jurisdiction. The defendants’ motion to vacate the judgment was denied, and that order was affirmed by the appellate department of the superior court. We reverse, holding that municipal court defendants are entitled to the same fundamental fairness as superior court defendants, and thus must be given notice of the amount demanded by the plaintiff before their defaults are entered.

Facts

John W. Janssen sued Tommy Luu and others in municipal court, alleging breach of a lease by reason of Luu’s failure to pay sums due for insurance premiums, taxes and other items. Janssen’s complaint prayed for damages “in excess of $3,000.00, and according to proof,” attorney’s fees, costs of suit, and “[s]uch other relief as the court deem[ed] just.” The complaint was served on Luu but he failed to answer and his default was entered, and Janssen subsequently proved up damages of $24,825.04. A default judgment was entered…