noting prior case in which default judgment was preclusive of issues raised in complaint where court granting default judgment found that “ ‘all the allegations of the complaint are true, and that they are sustained by testimony free from all legal exceptions’ ” (quoting Maxwell v. Maxwell, 66 Cal.App.2d 549, 152 P.2d 530, 531 (1944))
How later courts described this case
- noting prior case in which default judgment was preclusive of issues raised in complaint where court granting default judgment found that “ ‘all the allegations of the complaint are true, and that they are sustained by testimony free from all legal exceptions’ ” (quoting Maxwell v. Maxwell, 66 Cal.App.2d 549, 152 P.2d 530, 531 (1944))
- stating that the defaulting defendant must learn of the litigation before entry of the default judgment
- “Of course, 16 a court in a default action may not grant relief beyond that 17 which is demanded in the complaint. . . .”
Written by the judges who cited it.
The opinion
SCHAUER, J.
I concur in the judgment. This decision apparently accepts and follows, sub sílentio, the views expressed in the concurring opinion in De Young v. De Young (1946), 27 Cal.2d 521 , 527 et seq. [ 165 P.2d 457 ], .