Corona v. Lundigan

[766]

Opinion

BEVERLY, J.

*

Introduction

This is an appeal by defendant (appellant) Lundigan from a judgment by the court on January 21, 1983, after default, which awarded to plaintiff (respondent) $25,708.23.

In its judgment, the court found that plaintiff was defrauded by defendant, who made false and fraudulent representations to plaintiff, and that defendant breached his fiduciary obligations to plaintiff arising from appellant’s position as real estate broker in the sale of two properties.

Facts

Though defendant extensively cites the record of the testimony during the trial which resulted in the default judgment, the only relevant facts relating to the appeal are as follows:

Plaintiff filed this action against Bayshore Realty, Rick Alberts, Samuel Clossman, Progressive Mortgage, Western Mutual Escrow Corporation, Western Title Escrow Corporation, Does 1 through 30, inclusive, and defendant Britt Lundigan. Defendants Bayshore Realty, Alberts, Crossman, Western Mutual Escrow Corporation, and Western Title Corporation filed answers to the complaint. Defendant did not. The matter was scheduled for mandatory settlement conference on December 14, 1982, and trial on January 6, 1983. Prior to trial, plaintiff and defendants Bayshore Realty, Alberts, Crossman, Western Mutual Escrow Corporation and Western Title Escrow Corporation entered into a settlement. The matter was taken off calendar as to those defendants, and proceeded to trial and default judgment against defendant.

Discussion

I

Issues Reviewable on Appeal

Where, as here, the defaulting party takes no steps in the trial court to set aside the default judgment, appeal from the default judgment presents

[767]