Stein v. York, No. G040457

In plaintiff's legal malpractice action against her attorney, trial court's entry judgment of $2.65 million in favor of the plaintiff is reversed where: 1) a default judgment for an amount greater than that stated in the complaint is void; 2) constructive notice of potential liability does not satisfy Code of Civil Procedure section 580; 3) the judgment is void and vacated as plaintiff did not comply with the notice requirement; and 4) plaintiff's motion to dismiss the appeal is denied.     

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Appellate Information

Filed January 25, 2010

Judges

Opinion by Judge Rylaarsdam

Counsel
For Appellant:   Michael G. York, in pro. per.; and Gerald N. Shelley

For Appellee:   Law Offices of Timothy D. McGonigle and Timothy D. McGonigle