California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 6 — Of the Pleadings in Civil Actions, Chapter 2 — Pleadings Demanding Relief, Article 1 — General Provisions, Section 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.

Notes

Allows a personal-injury or wrongful-death defendant to request a statement of the nature and amount of damages, requiring the plaintiff to respond within 15 days or face a motion to compel. If no request is made, requires the statement before default, specifies service methods, includes cross-parties in its definitions, and permits combination with the referenced punitive-damages statement.

Use as reference

Lexinter.net | California Code, Code of Civil Procedure - CCP § 425.11 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-6/chapter-2/article-1/section-425-11

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