(a) As used in this section:
(1) "Complaint" includes a cross-complaint.
(2) "Plaintiff" includes a cross-complainant.
(3) "Defendant" includes a cross-defendant.
§ 425.11.Request By Defendant For Statement Setting Forth Nature and Amount of Damages Sought
Title 6. Of the Pleadings In Civil Actions · Chapter 2. Pleadings Demanding Relief · Article 1. General Provisions · Last amended 2007 · Last verified July 28, 2026
In one sentenceSection 425.11 lets a defendant in a personal injury or wrongful death action demand a statement of the damages sought, which the plaintiff must serve within 15 days, and requires the plaintiff to serve that statement before any default even without a request.
Full Text of § 425.11
(b) When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth the nature and amount of damages being sought. The request shall be served upon the plaintiff, who shall serve a responsive statement as to the damages within 15 days. In the event that a response is not served, the defendant, on notice to the plaintiff, may petition the court in which the action is pending to order the plaintiff to serve a responsive statement.
(c) If no request is made for the statement referred to in subdivision (b), the plaintiff shall serve the statement on the defendant before a default may be taken.
(d) The statement referred to in subdivision (b) shall be served in the following manner:
(1) If a party has not appeared in the action, the statement shall be served in the same manner as a summons.
(2) If a party has appeared in the action, the statement shall be served upon the party's attorney, or upon the party if the party has appeared without an attorney, in the manner provided for service of a summons or in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
Plain-English Summary
Because § 425.10(b) bars a personal injury or wrongful death complaint from stating a dollar amount, § 425.11 gives a defendant a way to find out what is at stake. Subdivision (b) lets the defendant request, at any time, a statement setting out the nature and amount of damages sought; the plaintiff then has 15 days to serve a response. If no response comes, the defendant can ask the court to order the plaintiff to serve one.
Subdivision (c) protects defendants who never appear. Even without a request, the plaintiff must serve the damages statement on the defendant before taking a default — so a defendant who ignores the suit still gets notice of the number a default judgment could carry.
The remaining subdivisions cover mechanics: the statement is served like a summons on a party who has not appeared, or on counsel (or the party) in the manner used for other papers once a party has appeared. Subdivision (e) allows the statement to be combined with the § 425.115 notice preserving the right to seek punitive damages, so a plaintiff can serve one combined document rather than two.
Frequently Asked Questions
How does a defendant learn how much a plaintiff is seeking when the complaint can't state an amount?
Section 425.11(b) lets the defendant request a statement of the nature and amount of damages sought at any time; the plaintiff must serve a response within 15 days.
What happens if the plaintiff never responds to a request for a damages statement?
Section 425.11(b) allows the defendant, after giving notice to the plaintiff, to petition the court to order the plaintiff to serve the responsive statement.
Do I have to serve a damages statement even if the defendant never asked for one?
Yes, before taking a default. Section 425.11(c) requires the plaintiff to serve the statement on the defendant before a default may be taken, regardless of whether the defendant made a request.
Can the statement of damages be combined with the punitive damages notice under § 425.115?
Yes. Section 425.11(e) allows the statement required by this section to be combined with the statement described in § 425.115.
Amendment History
Amended by Stats 2006 ch 538 (SB 1852),s 63.5, eff. 1/1/2007. Amended by Stats 2001 ch 812 (AB 223), s 2, eff. 1/1/2002.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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