Legal Question in Business Law in California

Do I need to serve a statement of damages prior to a default hearing if the case didn't involve personal injury or death?

Do all cases need a statement of damages prior to a default hearing

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Asked on 3/19/21, 4:00 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

No. A statement of damages is only required if you want to avoid having to put on your prima facie case at the default hearing, and even then only avoids putting on that proof in certain cases. In most default cases you still have to put on a "prove up" case for damages at the hearing.

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Answered on 3/29/21, 8:47 am


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