A punitive damages request can require separate notice analysis under CCP 425.115 before default. It should not be assumed that a general allegation in the complaint or a large settlement demand establishes the necessary notice. Check the precise statute, supported punitive theory, and service method. Keep this analysis separate from the ordinary compensatory statement-of-damages calculation.
Documents and facts to assemble
- The asserted punitive theory and statutory notice analysis
- The required notice and proper service record
How this fits an injury lawsuit
Entry of default and a default judgment are separate steps. In a personal injury or wrongful death action, the statement-of-damages requirements deserve special attention before default is requested. A missed response date does not automatically create a judgment or establish the amount payable. The plaintiff still needs a proper service record and the documents and evidence required for court judgment. The court can request additional declarations, testimony, or a corrected packet. A damages summary should reconcile the injury narrative, supporting records, amounts requested, and any applicable limits on relief.
Practical checklist
- Verify service, the response deadline, extensions, and the court docket before requesting default.
- Check CCP 425.11 and any punitive-damages notice requirements before entry of default.
- Prepare the CIV-100 request and the applicable rule 3.1800 court-judgment materials, with local instructions.
Deadline and local-rule check
Identify the event that starts the deadline, whether the rule uses calendar days or court days, the legally effective service method, and any written extension or court order. Read the applicable statute before adding time for service. Check the county’s current civil rules and the assigned department’s instructions for filing, delivery, reservation, and appearance requirements. A filing receipt or hearing reservation alone does not show that every required step has been completed.
Official forms and authorities
- CCP 425.115
- California Courts: request default
- CCP 425.11: statement of damages
- Rule 3.1800: default judgment documents
- Rule 3.110: default case management
This guide concerns auto accidents and similar personal injury actions in California state court. It does not supply a case-specific deadline calculation or a federal court procedure.
