PRETRIAL ADJUDICATION
...Default
......Relief from Default
.........Equitable Relief from Judgment
............Damages Award Excessive
2 Cards On This Topic:
  • D's default set aside where $59K judgment after one late payment on note was an unenforceable penalty—the amount bore no reasonable relationship to the amount of damages P would suffer as a result of D's breach.
  • Damages awarded by default judgment may be reviewed by appellate court if amt. of award so disproportionate to injury suffered as to be w/o evidentiary support and shocking to the conscience.