legal news


Register | Forgot Password

Luginbill v. Salva CA4/2
Plaintiff and respondent, Ricky E. Luginbill, obtained a default judgment against defendant and appellant, Vincent P. Salva, and defendant, United States Semiconductor Corporation (Semiconductor Corp.), for about $84,000. Salva advances several arguments for vacating the default judgment altogether, which we reject. But we agree with him that the court acted in excess of jurisdiction by awarding more than the damages demanded in the complaint (Code Civ. Proc., § 580, subd. (a)), as well as attorney fees, without any contractual or statutory basis. Luginbill does not truly dispute that he obtained an excessive default judgment in these respects and “stipulate[s]” to a reduced judgment. We therefore direct the trial court to enter a reduced judgment and, so modified, we affirm.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2025 Fearnotlaw.com The california lawyer directory

  Copyright © 2025 Result Oriented Marketing, Inc.

attorney
scale