Statement of Damages Under California Code of Civil Procedure Section 425.11 Required Prior to Filing for Entry of Default

Parties seeking a default against an opposing party must file a statement of damages under the California Code of Civil Procedure ("CCP") Section 425.11 prior to proceeding. Twine v. Compton Supermarket (179 Cal. 3d 514, 517) holds:

Therefore, section 425.11requires that the defendant be given a statement of the amount of damages sought before entry of default in order to afford a defendant "one 'last clear chance' to respond to the allegations of the complaint and to avoid the precise consequences . . . [of] a judgment for a substantial sum . . . . [without] any actual notice of . . . potential liability. . . ." ( Stevensonv.Turner(1979) 94 Cal.App.3d 315, 320[156 Cal.Rptr. 499]; Pettyv.Manpower, Inc.(1979) 94 Cal.App.3d 794, 798 [156 Cal.Rptr. 622].)

The moving party must wait 30 days after filing and serving their statement of damages before the court can enter a default. (For more on defaults under the California Code of Civil Procedure, see Steps to Move for a Default Judgment in California State Court pursuant to CCP Section 585). California Novelties Inc. v. Sokoloff 6 Cal. 4th 936, at 945, holds roughly the same s as the CCP, but substitutes “30 days” for a “reasonable time.” InPlotitsav.Superior Court, 140 Cal.App.3d at pp. 759-761, the court, construingsection425.11, held that the plaintiff must personally serve a defendant, who has not appeared, with the statement of damages and defer entry of default until 30 days from such service so that defendant can file a responsive pleading.