PRETRIAL ADJUDICATION
...Default
......Default Judgment
.........Where Judgment Void
8 Cards On This Topic:

CCP 1710.40 is proper means to challenge registration of sister-state judgment on jurisdictional grounds, but 30-day limitations period is inapplicable to challenges based on lack of fundamental jurisdiction.

Amount awarded in default judgment over amount sought by plaintiff is void.

Plaintiff assigned rights to D's cross-complaint could not collect default judgment on cross-complaint where it did not state an amount of damages or unequivocally incorporate by reference damages pled in plaintiff's complaint.

Default judgment greater than amount demanded in the complaint is void as beyond court's jurisdiction—where no amount of damages demanded, any amount awarded is by definition greater than the amount demanded.

$27 million default judgment entered as discovery abuse sanction violated due process; sanctions for discovery abuse not awarded ex parte.

In PI action against defendant served by publication, default judgment void because plaintiffs failed to serve defendant with statement of damages, as required by due process.

Default judgment void where plaintiff failed to serve defendant with notice of damages as required by Code Civ. Proc. §425.11.

Where complaint names fictitious defendant, summons must bear mandatory endorsement per Code Civ. Proc. §474; lack of endorsement grounds for motion to quash.