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California Code Of Civil Procedure Section 425.115

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 425.115

(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 or

cross-complainant)

suit filed against you.

_____________________________   ________________

   (Insert name of attorney or
                                      (Date)
   party appearing in propria
            persona)


   (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.

Last modified: January 12, 2009