What is the test for obtaining default judgment relief in a personal injury case?

California, United States of America


The following excerpt is from Torres v. Rodriguez, E045082, E046353, No. VCVVS 044198 (Cal. App. 2010):

In determining whether the default judgment relief exceeds the scope of the complaint and thus the jurisdiction of the court, we recognize that "It is imperative in a default case that the trial court take the time to analyze the complaint at issue and ensure that the judgment sought is not in excess of or inconsistent with it.... [I]t is the duty of the court to act as gatekeeper, ensuring that only the appropriate claims get through. That role requires the court to analyze the complaint for itself.... The court must then compare the properly pled damages for each defaulting party with the evidence offered in the prove-up. ( 585, subd. (b) ['[T]he court shall hear the evidence offered by the plaintiff, and shall render judgment in his or her favor for such sum (not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115), as appears by such evidence to be just....'].)" (Heidary v. Yadollahi, supra, 99 Cal.App.4th at p. 868.)

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