(Download) "Doris Parish V. Peters" by Third Appellate District Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: Doris Parish V. Peters
- Author : Third Appellate District Court of Appeal of California
- Release Date : January 22, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
In this case we confront a conundrum created by the interplay of various provisions of the Code of Civil Procedure governing the contents of complaints, the service of process, and the methods of obtaining a default judgment. Under the express statutory scheme, there is no provision for a defaulting defendant in a personal injury action who had been served by publication to be subsequently served with a statement of the damages sought by the plaintiff. The trial court found this lack of express statutory directive for such a statement to be determinative and consequently ruled that failure to serve a statement of damages did not entitle the defendant to relief from default.