Code of Civil Procedure § 425.11 – Notification of Damages in Personal Injury Cases
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Code of Civil Procedure § 425.11 – Notification of Damages in Personal Injury Cases
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )TITLE 6. OF THE PLEADINGS IN CIVIL ACTIONS [420 – 475]
( Title 6 enacted 1872. )CHAPTER 2. Pleadings Demanding Relief [425.10 – 429.30]
( Chapter 2 repealed and added by Stats. 1971, Ch. 244. )ARTICLE 1. General Provisions [425.10 – 425.55]
( Article 1 added by Stats. 1971, Ch. 244. )California Law
425.11.
(a) As used in this section:
(1) “Complaint” includes a cross-complaint.
(2) “Plaintiff” includes a cross-complainant.
(3) “Defendant” includes a cross-defendant.
(b) When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.
(c) If no request is made for the statement referred to in subdivision (b), the plaintiff shall serve the statement on the defendant before a default may be taken.
(d) The statement referred to in subdivision (b) shall be served in the following manner:
(1) If a party has not appeared in the action, the statement shall be served in the same manner as a summons.
(2) If a party has appeared in the action, the statement shall be served upon the party’s attorney, or upon the party if the party has appeared without an attorney, in the manner provided for service of a summons or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
(e) The statement referred to in subdivision (b) may be combined with the statement described in Section 425.115.
(Amended by Stats. 2006, Ch. 538, Sec. 63.5. Effective January 1, 2007.)
California Law Summary
This statute requires a plaintiff in a personal injury or wrongful death action to serve a separate Statement of Damages on the defendant before obtaining a default judgment. The complaint itself cannot state the amount of damages sought (per § 425.10), so this separate notice ensures the defendant is informed of the claimed amount.
Key Requirements:
The Statement of Damages must specify:
General damages, such as pain and suffering, and
Special damages, such as medical expenses and lost wages.
It must be personally served on the defendant if the defendant has not appeared in the case.
If the defendant has appeared, it may be served by mail.
Purpose
To satisfy due process requirements by giving the defendant fair notice of the amount of damages being sought before a default judgment is entered. This avoids surprise judgments and ensures transparency.
Application
This procedure is vital when a defendant fails to respond to a lawsuit. Without a properly served Statement of Damages, a court cannot award a monetary judgment in default. It is a mandatory step in obtaining compensation in these cases.
