Heidary V. Yadollahi

Farzad Yadollahi and Fariborz Biyazaei appeal from the denial of their motion to set aside a $943,000 default judgment entered against them jointly on a cross-complaint. Appellants contend the judgment is void because their default was improperly based upon their failure to appear at a trial for which they were given no notice. They also point out that the judgment subsequently entered on the default is rather shockingly out of sync with the distinct damages alleged against each of them in the operative complaint. We agree. Even assuming appellants had been given proper notice of the trial (which they were not) the court had no authority to enter their defaults for failure to appear. The court's options at that point were to allow cross-complainants to proceed with their case in appellants' absence, or to continue the trial. Its order purporting to order the default was void, and could be collaterally attacked at any time. Additionally, the only damages alleged with specificity in the cross-complaint were approximately $322,000 (plus accrued interest on a portion) against Yadollahi, and approximately $36,000 (plus accrued interest) against Biyazaei. None of those damages were alleged to be owed jointly and severally by appellants. Consequently, the court's entry of a single $943,000 judgment, against both appellants jointly, borders on the unfathomable.