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action is inconsistent with or duplicative of the relief sought in another. The court must then compare the proper- ly pled damages for each defaulting party with the evidence offered in the prove-up.’ Unfortunately, the trial court in this case seems not to have done that, and instead simply gave Kim what he asked for – which in this case was $30 million. Even more unfortunately, this trial court is cer- tainly not alone in doing so [citing other cases]. We need to shore this up. The court’s role in the process of entering a default judgment is a seri- ous, substantive, and often complicat- ed one, and it must be treated as such.
[The third cautionary tale is for
appellate counsel, who should not mislead the court or file boilerplate briefs that request sanctions against opposition counsel without having any factual basis for seeking sanc- tions.] The opinion is excellent reading
for its discussion of the elements of the substantive legal theories pleaded in the complaint, the process of obtaining a default judgment, and the standards for appellate review of default judgments.
Short(er) takes Mistake, inadvertence, excusable
neglect, motions to set aside judg- ments under Code Civ. Proc. § 473(b); Sanctions under Code Civ. Proc. § 128.7: Hopkins & Carley v. Gens (2011) __ Cal.App.4th __ (6th Dist.) Gens, a patent attorney in Illinois,
engaged a law firm, Hopkins & Carley (“H&C”) to advise him in a business dispute, and to represent him in litiga- tion in California stemming from the dispute. The retainer agreement con- tained an arbitration clause. When H&C’s bills reached $415,000, he refused to pay, claiming the firm had exceeded the budget without his authorization. When H&C demanded arbitration before the AAA, Gens failed to respond. Days before the arbitration was scheduled, he demanded AAA not hold the arbitration. The arbitrator went forward anyway, and Gens did not attend. The arbitrator awarded H&C fees of $474,000, plus expenses. Gens filed a petition in the
Superior Court to vacate the award, and H&C filed a petition to confirm the award. The award was confirmed and the court entered judgment on the award. Gens appealed and lost. More
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