BEEMAN v. BURLING

Docket No. A041335.

216 Cal.App.3d 1586 (1990)

265 Cal. Rptr. 719

JOHN BEEMAN, Plaintiff and Respondent, v. SPENCER M. BURLING, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

January 9, 1990.


Attorney(s) appearing for the Case

COUNSEL

E. Elizabeth Summers and Ronald J. Souza for Defendant and Appellant.

Michael S. Rossoff and David L. Matt for Plaintiff and Respondent.


OPINION

KLINE, P.J.

Appellant Spencer M. Burling appeals a default judgment rendered against him in the amount of $197,044.01. He asserts (1) the default judgment must be vacated because he was not personally served with the statement of damages and because respondent's proof at the default hearing amounted to a de facto amendment of the complaint, which should have revived appellant's ability to respond; (2) the judgment relies upon...

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