Concha v. Resovich CA2/4
Jerry Pano Concha brought this action against Robin Resovich for custodial interference and intentional infliction of emotional distress. The trial court entered default against Resovich after denying her motion to quash service of summons. Following a default prove-up hearing, the trial court determined that Concha was not entitled to damages and entered judgment for Resovich. On appeal, Concha argues that he established a prima facie case and presented sufficient evidence at the prove-up hearing to support an award of damages. The record does not support Concha because he did not carry his burden to affirmatively show error. Moreover, because his complaint did not specify the amount of damages, it could not support a default judgment in any amount. (Code of Civ. Proc., § 580, subd. (a); Stein v. York (2010) 181 Cal.App.4th 320, 327 (Stein).) We therefore affirm the judgment.
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