Grappo v. McMills

Representing himself, Grappo filed a complaint that "could not have withstood a demurrer,” which was served on McKean, a man named in the caption but not identified in the complaint, who apparently had no relationship with Grappo. Six months after service, without notice to anyone, Grappo requested a $9,982,308.83 default against McKean, with a claimed itemization of damages referring to numbers not found in the complaint. The clerk entered the default, but the court refused to enter judgment. Weeks later, McKean died. Two weeks later, Grappo filed another request for default and judgment of $12,012,818.88, “not mailed” because McKean was “now deceased.” This time, Grappo referred to “$60,000,” an amount in the prayer for the claimed value of personal property referred to in the eighth cause of action “belonging to some of the heirs of the Michael A. Grappo 2003 Trust.” Apparently based on that, the court entered judgment for Grappo for $60,000. The trustee of McKean’s trust successfully moved to vacate and set aside the default judgment. The court of appeal affirmed, stating that trial courts, “however burdened they be,” must vigilantly attend to their duty in connection with the default process, “to act as gatekeeper, ensuring that only the appropriate claims get through.” View "Grappo v. McMills" on Justia Law