Unfortunately, I filed a default before submitting a statement of damages re: P.I. case

Asked over 2 years ago - Sacramento, CA

Is service of statement of damages still necessary?

Attorney answers (6)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    28

    Lawyers agree

    1

    Answered . Yes, definitely. If this is a personal injury lawsuit, you the plaintiff need to first serve the statement of damages before seeking a default judgment. Statements of damages are used in personal injury and wrongful death cases in which plaintiff may not allege damages in the complaint. (Code Civ. Proc., § 425.11.)

    In seeking a default judgment in California, the relief sought must be within the amount of prayer of complaint. “It is fundamental to the concept of due process that a defendant be given notice of the existence of a lawsuit and notice of the specific relief which is sought in the complaint served upon him.” (Marriage of Lippel (1990) 51 Cal.3d 1160, 1166.)

    The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    22

    Lawyers agree

    Answered . Yes, as plaintiff needs to first serve the statement of damages before seeking a default judgment.

    Lassen Law Firm Personal Injury Lawyers Philadelphia. www.InjuryLawyerPhiladelphia.com Phone 215-510-6755.
  3. Michael Grennier

    Contributor Level 11

    18

    Lawyers agree

    1

    Answered . Yes. You must serve the Statement of Damages.

    Legal Disclaimer: If this information has been helpful, please indicate below. Attorney Grennier is... more
  4. Chad Guevara Boonswang

    Contributor Level 14

    18

    Lawyers agree

    Answered . The plaintiff needs to first serve the statement of damages before seeking a default judgment.

    Boonswang Law Firm 1-877-258-3083
  5. John K Lassen

    Contributor Level 20

    18

    Lawyers agree

    Answered . Plaintiff needs to first serve the statement of damages before seeking a default judgment.

    John Lassen 1-877-252-4630
  6. Norman Gregory Fernandez

    Pro

    Contributor Level 15

    16

    Lawyers agree

    Answered . In California it is unlawful for an attorney to aid a non attorney in the practice of law. I have to assume you are a non attorney seeking aid in the practice of law.

    No attorney/client relationship is or shall be created by this response on Avvo to non-clients of The Law Offices... more

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