Benassi v. JWN, Inc.
The trial court entered a default judgment totaling over $300,000 in favor of Carol Benassi (Benassi) and against her former business partner, JWN, Inc. (JWN). On appeal, JWN raises several arguments to support its theory the judgment is void. We conclude one has merit; the trial court lacked authority to strike JWN’s answer to the cross-complaint and enter its default simply because JWN failed to appear for trial. (Heidary v. Yadollahi (2002) 99 Cal.App.4th 857.) For this reason, the judgment is void on the face of the record and must be reversed and remanded.
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