Does a complaint that does not state any cognizable cause of action against a defendant and fails to set forth any clear demand for damages support a default judgment?

California, United States of America


The following excerpt is from Collins v. JP Morgan Chase Bank, B271612 (Cal. App. 2017):

We add one comment, however: A complaint that "does not state any cognizable cause of action against" a defendant and "also fails to set forth any clear demand for damages" cannot support a default judgment. (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 286.) On this record, had the trial court granted a default judgment in plaintiffs' favor, we would have "remand[ed] the case to the trial court with directions to enter judgment in defendants' favor." (Id. at p. 272.)

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