Funez v. Salazar CA4/2
This appeal arises from a personal injury action filed by plaintiffs and respondents Rodolfo Funez and Arlene Garcia against defendants and appellants Jorge Luis Salazar, Sr. (Jorge Sr.), and Leslie Salazar. In the course of the litigation, default has been entered against defendants three times. Twice, the trial court set aside the default at the request of defendants. The trial court denied defendants’ request to set aside the default a third time and entered a default judgment in favor of Funez (but not Garcia) in the amount of $91,186.02, reinstating a judgment entered, but later vacated, after the first entry of default.
On appeal, defendants raise several claims of error, but we need address only one. Plaintiffs failed to serve a statement of damages in accordance with the procedures required by Code of Civil Procedure section 425.11. The resulting judgment is therefore void.
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