Fuller v. Brown
Ronald R. Brown, Jr., appeals from the trial court's order denying his motion made pursuant to Code of Civil Procedure section 473, subdivision (b) (section 473(b))[1] to vacate a judgment entered against him. The judgment, in the total amount of $164,564.44, had been entered against Brown, following a bench trial at which the court struck his answer after he failed to appear.
Brown contends the trial court abused its discretion by denying the motion to vacate judgment because, he claims, on the morning of trial he had been misinformed by the court clerk about his need to appear or he had misinterpreted the court clerk's message left on his cell phone. He also contends the award of $100,000 in punitive damages is void because it exceeded the amount alleged in the complaint and the plaintiff, Shelly Fuller, never served a statement of punitive damages under section 425.115, as is required to recover punitive damages in a default judgment.
We conclude the trial court did not abuse its discretion because substantial evidence supported a finding Brown did not act as a reasonably prudent person under the circumstances by ignoring the court clerk's instructions to report to court and to call the clerk immediately. The award of punitive damages is not void because the judgment resulted from an uncontested hearing under section 594, subdivision (a) (section 594(a)) rather than a default prove‑up under section 585, subdivision (a). Brown received notice of trial and notice, sufficient to satisfy due process, of the amount of punitive damages to be sought against him at trial. Accordingly, we affirm.
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