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SCHWAB v. RONDEL HOMES, INC.

Docket No. S012426.

53 Cal.3d 428 (1991)

808 P.2d 226

280 Cal. Rptr. 83

DAVID SCHWAB et al., Plaintiffs and Appellants, v. RONDEL HOMES, INC., et al., Defendants and Respondents.

Supreme Court of California.

April 15, 1991.

Attorney(s) appearing for the Case

COUNSEL

Meserve, Mumper & Hughes and Andrew K. Ulich for Plaintiffs and Appellants.

Chase, Rotchford, Drukker & Bogust, Patrick A. Long, Kirstin H. Simonson, Long & Williamson, John S. Williamson, Sedgwick, Detert, Moran & Arnold, Alan J. Freisleben, Fred D. Baker and Curtis D. Parvin for Defendants and Respondents.

OPINION

BROUSSARD, J.

This case presents the question of whether a plaintiff's failure to serve notice of damages upon a defendant pursuant to Code of Civil Procedure sections 425.10 and 425.111 precludes the plaintiff from taking a default against the defendant. We conclude that a plaintiff may not take a default against a defendant without giving the defendant actual notice as required by statute.

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