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LLamas v. Brauer6/12/2002
d statement of damages 21 days before the judgment was entered gave Llamas sufficient notice prior to the entry of judgment to contest the amount of the damages. Llamas relies upon Plotitsa v. Superior Court (1983) 140 Cal.App.3d 755, 761 and Twine v. Compton Supermarket (1986) 179 Cal.App.3d 514, 517, which state default may not be entered until 30 days after the statement of damages has been served. In Schwab v. Rondel Homes, Inc. (1991) 53 Cal.3d 428, 435 (Schwab), the Supreme Court reviewed these and other cases and held defendants must have notice of their potential liability "a reasonable period of time before default may be entered." (Italics added.) Applying the ruling of Schwab, the court in California Novelties, Inc. v. Sokoloff (1992) 6 Cal.App.4th 936, 945 found that mailing a statement of damages 17 days prior to entry of default was reasonable. We follow the holding of California Novelties, Inc. v. Sokoloff and find that mailing the second statement of damages 21 days before the judgment was reasonable.
V. Timing of the Judgment
We also reject Llamas's contention that the judgment is void because it was entered less than 30 days after the second statement of damages was served. The rules governing a judgment of default are not applicable to this case because, as discussed above, the judgment in this case was based upon Llamas's statement that he would not contest liability.
DISPOSITION
The judgment is affirmed. Appellant to bear costs on appeal.
WE CONCUR:
BENKE, Acting P. J.
NARES, J.
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