Marriage of Hopkins CA2/5
Opinion
Opinion
I. INTRODUCTION
Defendant,1 Louise Camp, appeals from an October 23, 2013 default judgment and a January 29, 2014 order denying her motion to set aside the default and default judgment. On August 16, 2011, plaintiff, Katherine Hopkins, obtained a judgment on reserved issues against her former husband, Thomas Hopkins, for spousal support and attorney’s fees. On October 31, 2012, plaintiff filed an amended complaint in joinder against the following defendants: Mr. Hopkins; Mr. Hopkins as trustee of the Thomas J. Hopkins Living Trust (Hopkins trust); defendant; and defendant as trustee of the LC Irrevocable Trust (LC trust). The October 23, 2013 judgment was entered on the amended complaint in joinder. In terms of the judgment, defendant argues: she was never made aware by the pleadings that she could be liable for spousal support owed by Mr. Hopkins to plaintiff; the damage award is excessive in that it exceeds $658,000 plus interest; and that the damage award is excessive in that there is insufficient evidence to support it. Finally, defendant argues the postjudgment motion to set aside her default and default judgment should have been set aside. We reverse the judgment as to the…