PRETRIAL ADJUDICATION
...Default
......Default Judgment
.........Due Process Requirements
............Notice of Amount of Damages Req'd
4 Cards On This Topic:

Code Civ. Proc. §425.11 mandates D be given actual notice of special and general damages claimed by P. Prayer for statutory and punitive damages insufficient to constitute sec. 425.11 notice.

Parents' default should have been set aside where actor son who sued them for appropriating his earnings did not give them adequate notice of damages prior to entry of default.

P's notice of punitive damages insufficient where she filed it ••after•• her motion for terminating sanctions and after the court issued and adopted its tentative order for D's default.

P could not meet CCP §580 notice requirements by serving contract D with statement of damages under CCP §425.11 or CCP §425.115 where his claims did not involve PI or wrongful death, and the default was for compensatory damages only.