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Modification: Sass v. Cohen

Ruling by

Brian M. Hoffstadt

Lower Court

Los Angeles County Superior Court

Lower Court Judge

Frederick C. Shaller
'Cassel' not good law; complaint for accounting must plead specific damage amount sought; amount awarded in default judgment over amount sought is void.



Court

California Courts of Appeal 2DCA/2

Cite as

2019 DJDAR 2906

Published

Apr. 5, 2019

Filing Date

Apr. 4, 2019

Opinion Type

Modification

Disposition Type

Vacated and Remanded


DEBORAH SASS,

Plaintiff and Respondent,

v.

THEODORE COHEN,

Defendant and Appellant.

 

No. B283122

(Los Angeles County

Super. Ct. No. BC554035)

California Courts of Appeal

Second Appellate District

Division Two

Filed April 4, 2019

 

THE COURT:

 

It is ordered that the opinion filed herein on March 7, 2019, be modified as follows:

1. At the bottom of page 19 to the top of page 20 where it reads:

 

As her share of the Oakley house, plaintiff demanded either $2,850,000 (that is, the $3,000,000 representing her share in both houses less the $150,000 as her share of the proceeds from the Hollywood house) in damages or a constructive trust.

 

Replace as follows:

 

As her share of the Oakley house, plaintiff demanded either $2,850,000 (that is, the $3,000,000 representing her share in both houses less the $150,000 as her share of the "fair market value of . . . the Hollywood [h]ouse received by . . . Cohen when he sold that house") in damages or a constructive trust.

 

There is no change in the judgment.

Respondent's petition for rehearing is denied.

 

 

LUI, P. J.

 

ASHMANN-GERST, J.

HOFFSTADT, J.

#272998

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