California Appellate Tracker

Yu v. Liberty Surplus Ins. Co.

February 18, 2019

A default judgment was vacated as it exceeded the sum prayed for in the indemnity cross-complaint on which it was based, even though it incorporated by reference the complaint which asked for $10 million.

Plaintiff’s complaint against defendants alleged they were all negligent and caused plaintiff damages in excess of $10 million. D1 cross-complained for indemnity against D2, praying for compensatory damages according to proof. D2 defaulted and a $2 million default judgment was entered against it. D2’s insurer then moved to vacate the judgment on the ground it exceeded the cross-complaints prayer. Held, the default judgment was properly vacated. The cross-complaint’s prayer for damages according to proof was insufficient to allow any damages to be assessed. The cross-complaint did not incorporate the complaint’s $10 million prayers, but rather attached the complaint about identification and informational purposes only without adopting its allegations.

California Court of Appeal, Fourth District, Division 3 (Moore, Acting P.J.); December 11, 2018 (published January 4, 2019); 30 Cal. App. 5th 1024

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Yu v. Liberty Surplus Ins. Co.

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