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California Code Of Civil Procedure Section 425.11

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure 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.

Last modified: January 12, 2009