Failure To Give Proper Notice Of Amount Sought Prevents Default Judgment.

Setting aside a default judgmentWhere the complaint fails to specify the amount sought to be recovered (or in cases involving personal injury, or wrongful death, where the plaintiff fails to serve a statement of damages (Code of Civil Procedure section 425.11)), the court lacks jurisdiction to enter a default judgment. This is true whether the default is the result of a failure to file a responsive pleading, or whether the default is entered after an answer is struck as sanctions for discovery abuse. Van Sickle v. Gilbert (Cal. App. Third Dist.; June 29, 2011) 196 Cal.App.4th 1495, [127 Cal.Rptr.3d 542, 2011 DJDAR 9763].

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