Cal. Code of Civil Procedure § 425.11 : Of The Pleadings In Civil Actions — California Code Of Civil Procedure — Pleadings Demanding Relief — General Provisions — Request by defendant for statement setting forth nature and amount of damages sought

1 Aug 2016

Current through the 2016 Legislative Session

(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.
Ca. Civ. Proc. Code § 425.11
Amended by Stats 2006 ch 538 (SB 1852),s 63.5, eff. 1/1/2007.
Amended by Stats 2001 ch 812 (AB 223), s 2, eff. 1/1/2002.