Patamakanthin v. Gianulas CA4/3

Filed 2/25/14 Patamakanthin v. Gianulas CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

SOMMAI PATAMAKANTHIN et al.,

Cross-complainants and Respondents, G047860

v. (Super. Ct. No. 30-2009-00313565)

DAVID GIANULIAS, OPINION

Cross-defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Franz E. Miller, Judge. Affirmed. John D. Younesi and Jan A. Yoss for Cross-defendant and Appellant. Fink & Steinberg, Keith A. Fink and Olaf J. Muller for Cross-complainants and Respondents.

* * *

Cross-defendant and appellant David Gianulias appeals from the denial of his motion to vacate the $2.276 million default judgment entered against him in favor of cross-complainants and respondents Sommai (Sam) Patamakanthin1 and Chic Home Trends, Inc. (Chic; collectively cross-complainants). Gianulias claims the judgment was void under Code of Civil Procedure section 580 because it was in excess of what was sought in the cross-complaint. He argues this constituted a “de facto amendment” of the cross-complaint, voiding the default and affording him the opportunity to answer and defend the action. We disagree and affirm the judgment. FACTS AND PROCEDURAL HISTORY Because the issues in this case are procedural, the facts are of only limited significance. Suffice it to say that Sam owned Chic (formerly known as Trend Setting Design Group), an import business. In 2009 Chic entered into a Purchase and Sale Agreement for the sale of the assets of Chic to The Trendsetting Design Group, Inc., which subsequently changed its name to Trend Setting Designs, Inc. (TTSDG), whose principal owner was Gianulias. The purchase price was $3 million, payable over three years, part to Chic and part to Sam, plus other consideration. TTSDG made only one payment and then filed a complaint against Sam and members of his family for fraud, breach of contract, and other causes of action, essentially claiming Chic did not own the assets it sold. Cross-complainants then cross- complained against TTSDG, Gianulias, and two other individual defendants. The first amended cross-complaint (cross-complaint) contained causes of action for breach of contract and for intentional and negligent misrepresentation. In addition, the cross-complaint alleged Gianulias and the other individual cross-defendants were the alter ego of TTSDG. These allegations were incorporated into the breach of contract cause of action.