Phillips v. Wang CA1/2
Plaintiffs Twell and Vasie Phillips, represented by an experienced attorney, obtained a default judgment of over half a million dollars against their self-represented former landlords, defendants Chang and Yen Wang. We requested supplemental briefing on what we believe are the principal issues to be decided on defendants’ appeal: (1) Is the default judgment void because rendered in excess of the trial court’s jurisdiction, and (2) if so, did the trial court err in denying Chang’s motion to set aside the default judgment pursuant to Code of Civil Procedure section 473, subdivision (d)? Answering both questions in the affirmative, we reverse the trial court’s decision denying the motion for relief and remand for further proceedings consistent with this opinion.
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