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Serving a request for a statement of damages in California

Serving a request for a statement of damages in a California personal injury or wrongful death action is the topic of this blog post.  The request for statement of damages is made under Section 425.11 of the Code of Civil Procedure, and is served on the plaintiff by a defendant, the request should also be served on all other parties to the action who have made an appearance.

Any defendant served with a complaint in California that includes a cause of action for personal injury or wrongful death may serve the request.

The defendant 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. The statement of damages must be served 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.

Normally, 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.

Requesting a statement of damages is a great tool that should be used by any defendant in California who has been served with a complaint that contains causes of action for personal injury or wrongful death to state in detail the nature and amount of the damages they are requesting.

Attorneys or parties in California who would like to view a sample request for statement of damages created by the author can see below.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995.

If you enjoy this blog post, tell others about it. They can subscribe to the author’s weekly California legal newsletter by visiting the following link: http://www.legaldocspro.net/newsletter.htm

Copyright 2013 Stan Burman. All rights reserved.

DISCLAIMER:

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.

These 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.

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