Opinion

Williams v. Williams

  • 36 Cal. 2d 289
  • 223 P.2d 248
  • 22 A.L.R. 2d 716
  • 1950 Cal. LEXIS 239
Court
California Supreme Court
Filed
Oct 31, 1950
Status
Published
Author
Schauer
On the bench
Edmonds, Schauer
Cited by
63 cases
Authority
More cited than 5.2%

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 ], .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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