Requesting a statement of damages in California is the topic of this blog post.
Requesting a statement of damages in California is allowed for a defendant in any California personal injury or wrongful death action pursuant to Code of Civil Procedure section 425.11.
The request is served by a defendant on the plaintiff and should also be served on all other parties to the action who have made an appearance in the action.
Once they have been served with a request for a statement of damages a plaintiff is required to provide a statement of damages setting forth the nature and amount of the damages being sought against the defendant who served the request within 15 calendar days after service of the request, this time period is extended to 20 calendar days if the request is served by mail. The request for statement of damages should not be filed with the Court, unless a motion to compel a response has been filed with the Court, or the Court has ordered otherwise.
Any defendant in California that has been served with a complaint or cross-complaint that contains causes of action for personal injury or wrongful death should serve a request for statement of damages. A request for a statement of damages can be served at any time after being served with the summons and complaint but is typically served along with the answer to the complaint.
Attorneys or parties in California who would like to view or download a FREE sample request for statement of damages created by the author can use the link shown below.
The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.
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Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.