Is a judgment entered upon default for want of an answer to an amended complaint valid?

California, United States of America


The following excerpt is from Bristol Convalescent Hospital v. Stone, 258 Cal.App.2d 848, 66 Cal.Rptr. 404 (Cal. App. 1968):

It is clear from the decision of Gray v. Hall, supra, 203 Cal. 306, 265 P. 246, that a judgment entered upon default for want of an answer to an amended complaint is not a void judgment if the time for answering under ordinary circumstances had indeed expired before entry of the default. Such a default, it would seem, is of the class that may be set aside only under section 473, Code of Civil Procedure, or on appeal from the judgment, or by suit in equity.

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