What is the test for serving a notice of default on a defendant in a personal injury case?
California, United States of America
The following excerpt is from Weakly-Hoyt v. Foster, 179 Cal.Rptr.3d 734, 230 Cal.App.4th 928 (Cal. App. 2014):
2 When, after a defendant's default has been entered, the plaintiff amends the complaint in a matter of substance, the amendment opens the default, it must be served on the defendant, and the defendant is entitled to an opportunity to respond. This rule does not apply when the amendment is one of form, or one that is immaterial as far as the defaulting defendant is concerned. (Leo v. Dunlap (1968) 260 Cal.App.2d 24, 27, 28 [66 Cal.Rptr. 888] .)
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