Lancaster

Lancaster v. Law Offices of Isabel Hernandez Rodriguez CA2/3

Good Law
Court of Appeal of CaliforniaJune 22, 2015B256990California819 words

Opinion

Opinion

DISCUSSION

1. General principles. A default judgment is reviewable on appeal the same as any other civil judgment. (Misic v. Segars (1995) 37 Cal.App.4th 1149, 1153.) A plaintiff dissatisfied with the default judgment or, more typically, the amount of damages awarded, may appeal. (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361.) 2. No merit to Lancaster’s contention the damage award is inadequate. a. Overview. The record reflects that Lancaster filed a request for entry of default and statement of damages, in which he requested $40,000 in general damages and $120,000 in punitive damages. After reviewing the papers submitted by Lancaster, the trial court awarded him

1 It does not appear that Lancaster served notice of entry of judgment. Therefore, the notice of appeal filed June 16, 2014 appears to be timely because it was filed within 180 days of entry of judgment. (Cal. Rules of Court, rule 8.104(a)(1)(C).) 2 Lancaster requested a settled statement to develop a record for appeal. However, as the trial court explained to him, a settled statement may be had only of oral proceedings, and here, the default proveup proceeded by way of written declaration, without a live…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.