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6 California opinions name it 2 courts 1984–2020 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc.green2 sentences2020(Christerson v. French (1919) 180 Cal. 523, 525 [“A defendant against whom a default is entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action”]; see also, e.g., Title Insurance, supra, 162 Cal. at p. 46 [same]; Harbour Vista, LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, 1502 [explaining that in “the ordinary default prove-up, . . . a defendant has no right to participate”]; Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479 [“a case in which a defendant’s default has been taken necessarily has no adversarial 2013(Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 386-387 [“[W]hen further proceedings are necessary following reversal of a default judgment because the damages are determined to be excessive as a matter of law, . . . those further proceedings only mean the plaintiff must participate in a second judgment hearing.”]; Uva v. Evans (1978) 83 Cal.App.3d 356, 365 [reversing default judgment because damages award lacked evidentiary support and remanding to “retry the issue of damages”].) Amstem requests that we permit it to participate in any proceedings on remand because Lon | 3 | 3 |
Uva v. Evansgreen2 sentences2013(Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 386-387 [“[W]hen further proceedings are necessary following reversal of a default judgment because the damages are determined to be excessive as a matter of law, . . . those further proceedings only mean the plaintiff must participate in a second judgment hearing.”]; Uva v. Evans (1978) 83 Cal.App.3d 356, 365 [reversing default judgment because damages award lacked evidentiary support and remanding to “retry the issue of damages”].) Amstem requests that we permit it to participate in any proceedings on remand because Lon 1984Code of Civil Procedure section 585, subdivision (b) provides: “The plaintiff [after entry of defendant’s default] may apply to the court for the relief demanded in the complaint; the court shall hear the evidence offered by the plaintiff, and shall render judgment for such sum (not exceeding the amount stated in the complaint), as appears by such evidence to be just.” (Italics added.) Thus, when further proceedings are necessary following reversal of a default judgment because the damages are determined to be excessive as a matter of law (see, e.g., Uva v. Evans (1978) 83 Cal.App.3d 356, 362- | 3 | 3 |
Barragan v. Banco Bchgreen2 sentences2020(Christerson v. French (1919) 180 Cal. 523, 525 [“A defendant against whom a default is entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action”]; see also, e.g., Title Insurance, supra, 162 Cal. at p. 46 [same]; Harbour Vista, LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, 1502 [explaining that in “the ordinary default prove-up, . . . a defendant has no right to participate”]; Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479 [“a case in which a defendant’s default has been taken necessarily has no adversarial 2003(See Barragan v. Banco BCH (1986) 188 Cal.App.3d 283, 302-302 [ 232 Cal.Rptr. 758 ].) Disposition The order denying defendants’ motion to vacate the default is affirmed. | 1 | 2 |
Title Insurance & Trust Co. v. King Land & Improvement Co.green1 sentence2020(Christerson v. French (1919) 180 Cal. 523, 525 [“A defendant against whom a default is entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action”]; see also, e.g., Title Insurance, supra, 162 Cal. at p. 46 [same]; Harbour Vista, LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, 1502 [explaining that in “the ordinary default prove-up, . . . a defendant has no right to participate”]; Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479 [“a case in which a defendant’s default has been taken necessarily has no adversarial | 1 | 1 |
Bonilla v. Trebol Motors Corp.green1 sentence2020(Christerson v. French (1919) 180 Cal. 523, 525 [“A defendant against whom a default is entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action”]; see also, e.g., Title Insurance, supra, 162 Cal. at p. 46 [same]; Harbour Vista, LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, 1502 [explaining that in “the ordinary default prove-up, . . . a defendant has no right to participate”]; Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479 [“a case in which a defendant’s default has been taken necessarily has no adversarial | 1 | 1 |
Garcia v. Politisgreen1 sentence2020(Christerson v. French (1919) 180 Cal. 523, 525 [“A defendant against whom a default is entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action”]; see also, e.g., Title Insurance, supra, 162 Cal. at p. 46 [same]; Harbour Vista, LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, 1502 [explaining that in “the ordinary default prove-up, . . . a defendant has no right to participate”]; Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479 [“a case in which a defendant’s default has been taken necessarily has no adversarial | 1 | 1 |
Harbour Vista v. HSBC Mortgage Services Inc.green1 sentence2020(Christerson v. French (1919) 180 Cal. 523, 525 [“A defendant against whom a default is entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action”]; see also, e.g., Title Insurance, supra, 162 Cal. at p. 46 [same]; Harbour Vista, LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, 1502 [explaining that in “the ordinary default prove-up, . . . a defendant has no right to participate”]; Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479 [“a case in which a defendant’s default has been taken necessarily has no adversarial | 1 | 1 |
Christerson v. Frenchgreen1 sentence2020(Christerson v. French (1919) 180 Cal. 523, 525 [“A defendant against whom a default is entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action”]; see also, e.g., Title Insurance, supra, 162 Cal. at p. 46 [same]; Harbour Vista, LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, 1502 [explaining that in “the ordinary default prove-up, . . . a defendant has no right to participate”]; Garcia v. Politis (2011) 192 Cal.App.4th 1474, 1479 [“a case in which a defendant’s default has been taken necessarily has no adversarial | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.