Fasuyi v. Permatex, Inc.

167 Cal. App. 4th 681, 84 Cal. Rptr. 3d 351 (2008)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Fasuyi v. Permatex, Inc.

California Court of Appeal
167 Cal. App. 4th 681, 84 Cal. Rptr. 3d 351 (2008)

JL

Facts

Omotayo Fasuyi (plaintiff) was injured when brake fluid dripped onto his hand and forehead. Fasuyi was an African American, and the brake fluid caused his skin to whiten. Fasuyi sued Permatex, Inc. (Permatex) (defendant) for his injuries. Fasuyi’s attorney worked with the legal department of Illinois Tool Works (ITW), Permatex’s parent company, to serve the complaint on Permatex. Fasuyi filed an affidavit that the complaint had been served, but the affidavit did not state that a statement of damages had also been served. ITW forwarded the complaint to an insurance carrier to defend. However, no responsive pleading was filed. Fasuyi’s attorney then requested an entry of default against Permatex. Despite having previously contacted ITW’s legal department, Fasuyi’s attorney did not remind or warn ITW before requesting the default entry. Fasuyi also did not include a statement of damages with the request for default. The trial court granted the default, held a hearing on damages, and entered a judgment against Permatex in the amount of $236,500 plus costs. Fasuyi later filed an amended proof of service, claiming that a statement of damages had been served on Permatex with the original complaint. Permatex moved to have the default judgment ruled invalid because: (1) no statement of damages had been served on Permatex before the judgment was entered and (2) Permatex’s prior failure to respond was due to inadvertence or excusable neglect. The trial court denied the motion, and Permatex appealed.

Rule of Law

Issue

Holding and Reasoning (Richman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 748,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 748,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 748,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership