PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Prayer
............Dollar Amount in Prayer?
 8 Cards On This Topic:
  • While amount of money or damages sought must generally be stated in complaint, actual or punitive damages rising from PI or wrongful death claim shall not be stated but complaint shall comply with CCP 422.30 or GC 70613 (b).
  • If there is default the relief granted cannot exceed that demanded in the complaint be it in the prayer or elsewhere.
  • Ct. should not grant any relief not prayed for unless facts proved clearly justify it.
  • Except in PI and wrongful death cases in super. ct., if money damages sought, amount thereof should be stated in prayer or body of complaint.
  • If super. ct. complaint seeks money or damages, amount must be pled, except in PI or wrongful death action.
  • Relief in excess of amount asked for in prayer may be given if issues presented, which gave rise to the relief asked for, were fully litigated.
  • Where complaint sets forth facts justifying punitive damages, absence of dollar amount in prayer or of prayer itself immaterial.
  • Relief may be granted when there is answer even though there is no prayer and body of complaint sets out facts which are contested and evidence presented thereon.


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