Lloyd

INTRODUCTION

Plaintiff and appellant Terry S. Lloyd sued defendants Rick Martinez, David

Perez, and Donta Montgomery for breach of contract for the sale of a share of

undeveloped real property in Devore. When defendants failed to respond to the

1 complaint, Lloyd obtained their default and subsequently obtained a default judgment,

which rescinded the contract and terminated defendants’ interests in the property. After

unsuccessful attempts to enforce the judgment against defendants and to remove them

from the title to the property, Lloyd moved to amend the judgment to name as a judgment

debtor RDD, Inc., a corporate entity behind which defendants allegedly were hiding from

enforcement of the judgment. The trial court expressed concerns that the default

judgment quieted title to the property without the court first having conducted a prove-up

hearing, and it denied the motion because RDD, Inc., does not exist.

Lloyd appeals contending the trial court erred by denying the motion, thereby

permitting defendants to thwart enforcement of the judgment, and incorrectly

characterized Lloyd’s cause of action as one to quiet title. The trial court lacked the

authority to amend…