Luginbill v. Salva CA4/2
Plaintiff and respondent, Ricky E. Luginbill, obtained a default judgment against defendant and appellant, Vincent P. Salva, and defendant, United States Semiconductor Corporation (Semiconductor Corp.), for about $84,000. Salva advances several arguments for vacating the default judgment altogether, which we reject. But we agree with him that the court acted in excess of jurisdiction by awarding more than the damages demanded in the complaint (Code Civ. Proc., § 580, subd. (a)), as well as attorney fees, without any contractual or statutory basis. Luginbill does not truly dispute that he obtained an excessive default judgment in these respects and “stipulate[s]” to a reduced judgment. We therefore direct the trial court to enter a reduced judgment and, so modified, we affirm.
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