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

Sacramento, CA |

Is service of statement of damages still necessary?

Attorney Answers 6

Posted

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. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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Marc Sean Hurd

Marc Sean Hurd

Posted

Mr. Chen has nailed this.

Posted

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.

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Posted

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

Boonswang Law Firm 1-877-258-3083

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Posted

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

John Lassen 1-877-252-4630

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Posted

Yes. You must serve the Statement of Damages.

Legal Disclaimer: If this information has been helpful, please indicate below. Attorney Grennier is licensed to practice law in California. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Attorney Grennier strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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Posted

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 of Norman Gregory Fernandez.

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