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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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.