The Judgment Experts v. Angelo CA4/3

INTRODUCTION

This is an appeal from an order denying a motion to vacate the renewal of a default judgment. Appellant Anthony Angelo moved for the order on the ground that the original plaintiff and judgment creditor, Ali Jabbari, failed to serve the notice required by Code of Civil Procedure sections 425.11 and 425.115 when the default was entered in 1 2005. These notices were required before the court could award damages for personal injury and punitive damages as part of a default judgment. There was no dispute that neither notice was served before the entry of default judgment over 10 years ago. The court denied the motion to vacate on the ground that the complaint itself stated the amount of damages. Therefore Angelo knew what he was facing in terms of potential recovery if a default judgment was entered. We reverse. The statute requires a plaintiff seeking a default in a case based on personal injury or wrongful death to serve a notice of these damages on the defendant “before a default may be taken.” In other words, no default is permitted without the notice. It follows then that there could be no default judgment for personal injury damages against Angelo because no…