Section 425.115 - Preservation by plaintiff of right to seek punitive damages on default judgment(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) The plaintiff preserves the right to seek punitive damages pursuant to Section 3294 of the Civil Code on a default judgment by serving upon the defendant the following statement, or its substantial equivalent: NOTICE TO : |
(Insert name of defendant or cross-defendant) |
reserves the right to seek |
(Insert name of plaintiff or cross-complainant) |
$ in punitive damages |
(Insert dollar amount) |
when seeks a judgment in the |
(Insert name of plaintiff orcross-complainant) |
suit filed against you. |
| |
(Insert name of attorney orparty appearing in propria persona) | (Date) |
(c) If the plaintiff seeks punitive damages pursuant to Section 3294 of the Civil Code, and if the defendant appears in the action, the plaintiff shall not be limited to the amount set forth in the statement served on the defendant pursuant to this section.(d) A plaintiff who serves a statement on the defendant pursuant to this section shall be deemed to have complied with Sections 425.10 and 580 of this code and Section 3295 of the Civil Code.(e) The plaintiff may serve a statement upon the defendant pursuant to this section, and may serve the statement as part of the statement required by Section 425.11.(f) The plaintiff shall serve the statement upon the defendant pursuant to this section before a default may be taken, if the motion for default judgment includes a request for punitive damages.(g) The statement referred to in subdivision (b) shall be served by one of the following methods: (1) If the party has not appeared in the action, the statement shall be served in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.(2) If the party has appeared in the action, the statement shall be served upon his or her attorney, or upon the party if he or she has appeared without an attorney, either in the same manner as a summons pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14.Ca. Civ. Proc. Code § 425.115
Amended by Stats 2005 ch 706 (AB 1742),s 12, eff. 1/1/2006