California Supreme Court Watch

May 28, 2019
#19-57 Sass v. Cohen, S255262. (B283122; 32 Cal.App.5th 1032, mod. 33 Cal.App.5th 942a; Los Angeles County Superior Court; BC554035.)

#19-57 Sass v. Cohen, S255262. (B283122; 32 Cal.App.5th 1032, mod. 33 Cal.App.5th 942a; Los Angeles County Superior Court; BC554035.) Petition for review after the Court of Appeal reversed the judgment in a civil action. The court limited review to the following issues: (1) In a complaint that seeks an accounting of specified assets, is the plaintiff required to plead a specific amount of damages to support a default judgment, or is it sufficient for purposes of Code of Civil Procedure section 580 to identify the assets that are in defendant’s possession and request half of their value? (2) Should the comparison of whether a default judgment exceeds the amount of compensatory damages demanded in the operative pleadings examine the aggregate amount of non-duplicative damages or instead proceed on a claim-by-claim or item-by-item basis?

Review granted / issues limited: 05/22/2019

See the California Court of Appeal Opinion.