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FINNEY v. GOMEZ

No. B157517.

3 Cal.Rptr.3d 604 (2003)

111 Cal.App.4th 527

Kevin FINNEY, Plaintiff and Respondent, v. John GOMEZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

August 20, 2003.

Attorney(s) appearing for the Case

Law Office of Stephen S. Talt and Stephen S. Talt, Sacramento, for Defendant and Appellant.

Sherman & Nathanson and Ken Nathanson, Beverly Hills, for Plaintiff and Respondent.

JOHNSON, J.

John Gomez appeals from a default judgment awarding Kevin Finney $51,989.96 in an action for partition, breach of contract, and contribution. Gomez contends the amount of the award violates Code of Civil Procedure section 580 subdivision (a) which provides in the case of a default "[the] relief granted to plaintiff ... cannot exceed that which he or she shall have been demanded in his or her complaint ...." We conclude the judgment is void for lack of...

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