iamHankster
New Member
Hi,
In California, I plan to file a request for entry for default. I already served defendant with a Statement of Damages. I was confused as to how I should account for the general damages specified in complaint when I itemize the various amounts in the Statement of Damages and the Request for the Entry of Default.
Below, for the sake of example I provide a simplified Prayer for Relief, Statement of Damages and a Request for Entry of Default. I would certainly appreciate any clarification that can be provided on the proper itemization
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant for the sum of $6,000.00 for general and specific damages, as well as interest and costs of suit, including, but not limited to:
a. For cost of professional data recovery services, in an amount according to proof;
b. For compensatory damages pursuant to California Civil Code section 3355 in an amount according to proof;
c. For mental, physical and nervous pain and suffering and severe emotional distress and incidental sundry expenses in an amount according to proof;
d. For punitive damages to be assessed against Defendant in an amount sufficient to punish and deter them and others from similar malicious and oppressive acts in the future;
e. For the time and expense that Plaintiff spent trying to recover data files from his internal and external hard drives, in an amount according to proof;
f. For the time Plaintiff spent trying to find and download certain lost files from the Internet, in an amount according to proof;
See also Exemplary Damages Attachment, page 20, in re: CCP § 3294).
____________________
Statement of Damages
1. General Damages
a. Pain, suffering and inconvenience: $3,000.00
b. Emotional distress: $3,000.00
c. Cost of Professional Data Recovery Services: $ 2,000.00
d. Virus Infected software development project: $2,000.00
e. Virus Infected multi-media and miscellaneous files: $2,000.00
---
Above, in the Statement of Damages, I wasn't sure whether to also include the amount for the general damages as stated in my complaints prayer for relief, i.e., items(c), (d) and (e).
____________________
Request for Entry of Default
Judgment to be entered
a. Demand of complaint: $6,000.00
b. Statement of damages *
(1) Special: $0.00
(2) General: $6,000.00 (or should I instead specify total from
the Statement of Damages, i.e. $12,000?)
f. TOTALS: $12,000.00
---
Above, in the Request for Entry of Default, in (a), it asks for the "Demand of complaint." So, I put the amount of general damages that I requested in the complaint's prayer for relief.
In (b)(2) above, it asks for the amount of general damages that I indicated in the Statement of Damages. I am confused.
_________
Questions:
(1) The amount of general damages, item (b), should not include the demand of complaint? As I already specified that in item (a)? I am assuming that I include item (a) in the total.
(2) Or, should I specify the total $12,000 from the "general damages" section of the Statement of Damages, and not include item (a) in the total.
Note: I decided not to seek punitive damages.
Thank you much,
iamHankster
In California, I plan to file a request for entry for default. I already served defendant with a Statement of Damages. I was confused as to how I should account for the general damages specified in complaint when I itemize the various amounts in the Statement of Damages and the Request for the Entry of Default.
Below, for the sake of example I provide a simplified Prayer for Relief, Statement of Damages and a Request for Entry of Default. I would certainly appreciate any clarification that can be provided on the proper itemization
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant for the sum of $6,000.00 for general and specific damages, as well as interest and costs of suit, including, but not limited to:
a. For cost of professional data recovery services, in an amount according to proof;
b. For compensatory damages pursuant to California Civil Code section 3355 in an amount according to proof;
c. For mental, physical and nervous pain and suffering and severe emotional distress and incidental sundry expenses in an amount according to proof;
d. For punitive damages to be assessed against Defendant in an amount sufficient to punish and deter them and others from similar malicious and oppressive acts in the future;
e. For the time and expense that Plaintiff spent trying to recover data files from his internal and external hard drives, in an amount according to proof;
f. For the time Plaintiff spent trying to find and download certain lost files from the Internet, in an amount according to proof;
See also Exemplary Damages Attachment, page 20, in re: CCP § 3294).
____________________
Statement of Damages
1. General Damages
a. Pain, suffering and inconvenience: $3,000.00
b. Emotional distress: $3,000.00
c. Cost of Professional Data Recovery Services: $ 2,000.00
d. Virus Infected software development project: $2,000.00
e. Virus Infected multi-media and miscellaneous files: $2,000.00
---
Above, in the Statement of Damages, I wasn't sure whether to also include the amount for the general damages as stated in my complaints prayer for relief, i.e., items(c), (d) and (e).
____________________
Request for Entry of Default
Judgment to be entered
a. Demand of complaint: $6,000.00
b. Statement of damages *
(1) Special: $0.00
(2) General: $6,000.00 (or should I instead specify total from
the Statement of Damages, i.e. $12,000?)
f. TOTALS: $12,000.00
---
Above, in the Request for Entry of Default, in (a), it asks for the "Demand of complaint." So, I put the amount of general damages that I requested in the complaint's prayer for relief.
In (b)(2) above, it asks for the amount of general damages that I indicated in the Statement of Damages. I am confused.
_________
Questions:
(1) The amount of general damages, item (b), should not include the demand of complaint? As I already specified that in item (a)? I am assuming that I include item (a) in the total.
(2) Or, should I specify the total $12,000 from the "general damages" section of the Statement of Damages, and not include item (a) in the total.
Note: I decided not to seek punitive damages.
Thank you much,
iamHankster
Last edited: