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SIMKE, CHODOS, SILBERFELD & ANTEAU, INC. v. ATHANS

No. B222175.

195 Cal.App.4th 1275 (2011)

SIMKE, CHODOS, SILBERFELD & ANTEAU, INC., Cross-complainant and Respondent, v. JERRY B. ATHANS et al., Cross-defendants and Appellants. SIMKE, CHODOS, SILBERFELD & ANTEAU, INC., Plaintiff and Respondent, v. JERRY B. ATHANS et al., Defendants and Appellants.

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

May 26, 2011.

Attorney(s) appearing for the Case

Gladstone Michel Weisberg Willner & Sloane, Arthur Grebow ; Greines, Martin, Stein & Richland, Marc J. Poster and Edward L. Xanders for Cross-defendants and Appellants and for Defendants and Appellants.

Simke, Chodos & Sasaki and David Manning Chodos for Cross-complainant and Respondent and for Plaintiff and Respondent.

OPINION

MALLANO, P. J.—

In the event of a default, the "relief" granted to the plaintiff may not exceed the dollar amount demanded in the complaint or, in cases of personal injury or wrongful death, the dollar amount set forth in a statement of damages. (Code Civ. Proc., §§ 580, 425.11.) This rule applies not only to routine defaults, where the defendant fails to file an answer, but also to defaults entered as a sanction for...

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