Hearing Re: Default Judgment.
Plaintiffs filed an action against defendant asserting causes of action for general negligence and strict liability for injuries from dog bites pursuant to Civil Code, § 3342. The complaint alleges that plaintiff sustained damages in an amount according to proof. The proof of service filed on January 19, 2018 declares that on December 2, 2017 defendant was personally served the summons, complaint and a statement of damages.
After default the plaintiff may apply to the court for the relief demanded in the complaint; the court shall hear the evidence offered by the plaintiff, and shall render judgment in his or her favor for such sum not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115, as appears by such evidence to be just. (Code of Civil Procedure, § 585(b).)
The Third District Court of Appeal has held: “A defendant's failure to answer the complaint has the same
Hearing Date
August 09, 2019
Type
OTHER PI/PD/WD - UNLIMITED
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Hearing Re: Default Judgment.
Plaintiffs filed an action against defendant asserting causes of action for general negligence and strict liability for injuries from dog bites pursuant to Civil Code, § 3342. The complaint alleges that plaintiff sustained damages in an amount according to proof. The proof of service filed on January 19, 2018 declares that on December 2, 2017 defendant was personally served the summons, complaint and a statement of damages.
After default the plaintiff may apply to the court for the relief demanded in the complaint; the court shall hear the evidence offered by the plaintiff, and shall render judgment in his or her favor for such sum not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115, as appears by such evidence to be just. (Code of Civil Procedure, § 585(b).)
The Third District Court of Appeal has held: “A defendant's failure to answer the complaint has the same