What is the test for granting relief to a plaintiff in a personal injury action against a defendant who has defaulted on a court order?
California, United States of America
The following excerpt is from Marriage of Andresen, In re, 28 Cal.App.4th 873, 34 Cal.Rptr.2d 147 (Cal. App. 1994):
[28 Cal.App.4th 878] In general, when the defendant has defaulted, the trial court may not grant relief to the plaintiff in excess of that which is demanded in the complaint. (Code Civ.Proc., 580.) 2 The primary purpose of section 580 is to guarantee defaulting parties adequate notice of the maximum judgment that may be assessed against them. (Greenup v. Rodman (1986) 42 Cal.3d 822, 826, 231 Cal.Rptr. 220, 726 P.2d 1295.) A defendant who has been served with a lawsuit has the right to be fully apprised of the relief which the complainant is seeking from him or her in order to make an informed decision about whether to appear and defend. (In re Marriage of Lippel (1990) 51 Cal.3d 1160, 1166, 276 Cal.Rptr. 290, 801 P.2d 1041.)
In our estimation, Marriage of Lippel disposes of the husband's argument. In Lippel, the petitioner initiated dissolution proceedings
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