PRETRIAL ADJUDICATION
...Default
......Default Judgment
.........Due Process Requirements
............Damages Award Can’t Exceed Prayer
12 Cards On This Topic:

Relief granted plaintiff after defendant’s default cannot exceed that demanded in complaint.

Allegations of complaint may cure defective prayer for damages, but in all default judgments, damages demanded sets ceiling on recovery.

Primary purpose of Code Civ. Proc. §580 is to guarantee defaulting parties adequate notice of maximum judgment that may be assessed against them.

Default judgment award cannot exceed amount and type of relief prayed for in complaint.

Because complaint did not specify the amount of damages sought, it could not support a default judgment in any amount, and trial court erred in awarding $2.65 million to P.

Client entitled to notice of atty's applications for awards of supplemental atty fees, and default judgment void on the face of the record because it granted relief exceeding what was demanded in the complaint.

Due process requires defaulting parties receive adequate notice of maximum potential judgment; satisfied in marital dissolution actions where Pet. inserts info. on standard form petition corresponding to relief sought.

When default judgment vacated because damages awarded exceeded those pled, appropriate to modify judgment to maximum amount warranted by complaint.

Default admits no more than material allegations of complaint. Default judgment cannot resolve issues not presented by complaint or award damages not prayed for.

In complaint to recover damages for personal injury, prior to default plaintiff must give notice to defendant of the amount of special and general damages sought.

Statutory and due process requirements met, even though D did not receive statement of general and special damages, because award did not exceed prayer.

Muni. ct. Ds entitled to same fundamental fairness as super. ct. Ds and must be given notice of amount demanded by P before defaults entered.