PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Statement of Damages-Service of
 8 Cards On This Topic:
  • If D has been served by publication and in default, service of notice of statement of damages, even by publication, is not required.
  • Notice requirement re statement of damages does not necessarily require personal service on D so long as D has appeared.
  • No default taken in PI or wrongful death cases until statement of damages on non-appearing D by personal service.
  • No default taken in PI or wrongful death cases until statement of damages on non-appearing D by personal service.
  • Judgment in excess of that stated in complaint or Code Civ. Proc. §425.11 statement of damages may not be awarded against defaulted D.
  • Judgment in excess of amount stated in complaint cannot stand against defaulted D.
  • P must serve responsive statement of damages in PI or wrongful death action within 15 days where D formally served request for statement .
  • Sending letter with damages demand to D’s insurance company or adjuster and failing to send to D does not comply with Code Civ. Proc. §425.11.


    •