Finney V. Gomez

John Gomez appeals from a default judgment awarding Kevin Finney $51,989.96 in an action for partition, breach of contract, and contribution. Gomez contends the amount of the award violates Code of Civil Procedure section 580 subdivision (a) which provides in the case of a default "[the] relief granted to plaintiff . . . cannot exceed that which he or she shall have been demanded in his or her complaint. . . ." We conclude the judgment is void for lack of jurisdiction because Finney's complaint failed to give Gomez notice of the type or amount of relief requested.