Kahn v. Kahn
155 Cal. Rptr. 3d 845
Cal. Ct. App.2013Background
- Husband Robert S. Kahn failed to respond to discovery; despite sanctions, he later served objections citing the Fifth Amendment.
- The trial court granted Jessie A. Kahn’s motion to compel and later struck Robert’s responsive pleading, entering default.
- A prove-up led to a judgment awarding Jessie $275,000 for breach of fiduciary duty.
- The petition did not specify any damages amount or grounds for the fiduciary duty claim, affecting notice under CCP 580.
- The court later remanded to decide whether to modify the judgment by striking the award or vacating entirely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether striking pleading and default were proper | Kahn argues error in striking and default | Kahn contends sanctions were improper and default should be set aside | Affirmed: striking and default affirmed; further action remanded |
| Whether denial of motion to set aside default based on fault affidavit was proper | Kahn claims motion properly denied | Kahn argues fault affidavit should justify relief | Affirmed: denial sustained; remand for proper remedy |
| Whether the $275,000 award was supported by substantial evidence | Kahn contends award supported by evidence | Kahn argues lack of substantial evidence | Rejected: award void for exceeding petition scope; no need to assess sufficiency |
| Whether the award exceeded the scope of the petition | Kahn argues relief exceeded requested scope | Kahn contends petition allowed broader relief | Voided: award beyond petition; remand to modify/vacate |
Key Cases Cited
- In re Marriage of Lippel, 51 Cal.3d 1160 (Cal. 1990) (adequate notice through form petition; due process in dissolution actions)
- In re Marriage of Andresen, 28 Cal.App.4th 873 (Cal. App. 1994) (notice via form petitions; valuation not always required)
- Greenup v. Rodman, 42 Cal.3d 822 (Cal. 1986) (default judgment beyond demanded amount is void)
- Van Sickle v. Gilbert, 196 Cal.App.4th 1495 (Cal. App. 2011) (remedies when damages exceed pleadings; modify or vacate)
- O'Connell, 8 Cal.App.4th 565 (Cal. App. 1992) (CCP 580 applicability in dissolution actions)
- Cummings Medical Corp. v. Occupational Medical Corp., 10 Cal.App.4th 1291 (Cal. App. 1992) (CCP 580 applicability after discovery sanctions)
- Andresen, Cassel v. Sullivan, Roche & Johnson, Cassel v. Sullivan, Roche & Johnson, 76 Cal.App.4th 1157 (Cal. App. 1999) (notice sufficiency and relief scope in dissolution)