section 580 formal notice requirement (California) · Go Syfert
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section 580 formal notice requirement in California

20 California opinions name it 1 courts 1987–2025 3 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Greenup v. Rodmangreen
cal · 1986 · cited in 11 California opinions naming this issue, 1987–2025
2 sentences

2025(Greenup v. Rodman (1986) 42 Cal.3d 822, 826 .) “ ‘The notice requirement of section 580 was designed to insure fundamental fairness.

2025(Greenup v. Rodman (1986) 42 Cal.3d 822, 826 .) “ ‘The notice requirement of section 580 was designed to insure fundamental fairness.

311
Becker v. S.P v. Construction Co.green
cal · 1980 · cited in 8 California opinions naming this issue, 2004–2018
2 sentences

2015In Becker , the earlier of two California Supreme Court cases considering the scope and application of section 580, the court considered whether a prayer for relief asking for damages “in excess of $20,000 ... or according to proof,” sufficiently met section 580’s notice requirements to support a default judgment of slightly more than $26,000. ( Becker, supra, 27 Cal.3d at pp. 491-492.) Noting that section 580’s requirements were “designed to insure fundamental fairness” that would be “undermined if the door were opened to speculation” the court held “a prayer for damages according to proof pa

2011Construction Co. (1980) 27 Cal.3d 489 [ 165 Cal.Rptr. 825 , 612 P.2d 915 ], the court explained: “[Defaulting defendants should not be subject to damages in excess of an amount specifically set out in the complaint. . . . [¶] The notice requirement of section 580 was designed to insure fundamental fairness.

28
Levine v. Smithgreen
calctapp · 2006 · cited in 4 California opinions naming this issue, 2011–2018
2 sentences

2018Several cases have held that a statement of damages does not satisfy section 580 if the case does not involve personal injury or wrongful death. ( Electronic Funds, supra, 134 Cal.App.4th at p. 1176 , 36 Cal.Rptr.3d 663 ; Levine v. Smith (2006) 145 Cal.App.4th 1131 , 1136, 52 Cal.Rptr.3d 197 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 , 187 Cal.Rptr.3d 227 ; *1020 Dhawan, supra, 241 Cal.App.4th at pp. 969-970, 194 Cal.Rptr.3d 515 .) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attenda

2018Several cases have held that a statement of damages does not satisfy section 580 if the case does not involve personal injury or wrongful death. ( Electronic Funds, supra, 134 Cal.App.4th at p. 1176 , 36 Cal.Rptr.3d 663 ; Levine v. Smith (2006) 145 Cal.App.4th 1131 , 1136, 52 Cal.Rptr.3d 197 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 , 187 Cal.Rptr.3d 227 ; *1020 Dhawan, supra, 241 Cal.App.4th at pp. 969-970, 194 Cal.Rptr.3d 515 .) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attenda

24
Dhawan v. Biringgreen
calctapp · 2015 · cited in 3 California opinions naming this issue, 2018–2024
2 sentences

2018(Electronic Funds, supra, 134 Cal.App.4th at p. 1176 ; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1136 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 ; Dhawan, supra, 241 Cal.App.4th at pp. 969−970.) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attendance at the default prove-up hearing. ( Stein, supra, 181 Cal.App.4th at pp. 326−327.) This emphasis on formal notice stems from the policy goals at stake.

2018Several cases have held that a statement of damages does not satisfy section 580 if the case does not involve personal injury or wrongful death. ( Electronic Funds, supra, 134 Cal.App.4th at p. 1176 , 36 Cal.Rptr.3d 663 ; Levine v. Smith (2006) 145 Cal.App.4th 1131 , 1136, 52 Cal.Rptr.3d 197 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 , 187 Cal.Rptr.3d 227 ; *1020 Dhawan, supra, 241 Cal.App.4th at pp. 969-970, 194 Cal.Rptr.3d 515 .) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attenda

13
Electronic Funds Solutions v. Murphygreen
calctapp · 2005 · cited in 3 California opinions naming this issue, 2014–2018
2 sentences

2018Several cases have held that a statement of damages does not satisfy section 580 if the case does not involve personal injury or wrongful death. ( Electronic Funds, supra, 134 Cal.App.4th at p. 1176 , 36 Cal.Rptr.3d 663 ; Levine v. Smith (2006) 145 Cal.App.4th 1131 , 1136, 52 Cal.Rptr.3d 197 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 , 187 Cal.Rptr.3d 227 ; *1020 Dhawan, supra, 241 Cal.App.4th at pp. 969-970, 194 Cal.Rptr.3d 515 .) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attenda

2018Several cases have held that a statement of damages does not satisfy section 580 if the case does not involve personal injury or wrongful death. ( Electronic Funds, supra, 134 Cal.App.4th at p. 1176 , 36 Cal.Rptr.3d 663 ; Levine v. Smith (2006) 145 Cal.App.4th 1131 , 1136, 52 Cal.Rptr.3d 197 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 , 187 Cal.Rptr.3d 227 ; *1020 Dhawan, supra, 241 Cal.App.4th at pp. 969-970, 194 Cal.Rptr.3d 515 .) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attenda

13
Airs Aromatics, LLC v. CBL Data Recovery Techs., Inc.green
calctapp · 2018 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025Surely, this would be undermined if the door were opened to speculation, no matter how reasonable it might appear in a particular case, that a prayer for damages according to proof provided adequate notice of a defaulting defendant’s potential liability.’ ” (Stein, supra, 181 Cal.App.4th at p. 325 .) “If a default judgment awarded against a defendant exceeds the relief demanded in the complaint [citation], or is a different form of relief than that demanded in the complaint [citation], the defendant is ‘effectively denied a fair hearing … [citations].’ Thus, a default judgment in an amount gre

11
Ins. Co. of Pa. v. Am. Safety Indem. Co.green
calctapp · 2019 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024Such notice enables a defendant to exercise his right to choose—at any point before trial, even after discovery has begun—between (1) giving up his right to defend in 6 exchange for the certainty that he cannot be held liable for more than a known amount, and (2) exercising his right to defend at the cost of exposing himself to greater liability.” (Greenup v. Rodman (1986) 42 Cal.3d 822, 826, 829 .) To this end, “a default judgment entered in violation of section 580 is void and must be vacated.” (Dhawan v. Biring (2015) 241 Cal.App.4th 963, 975 (Dhawan); see also Insurance Co. of State of Pen

11
Eustice v. Eusticegreen
calctapp · 2015 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020(Eustice, 242 Cal.App.4th at p. 1304 [“A petitioner’s list of assets and debts in a property declaration, preliminary declaration, and disclosure declaration fulfill the . . . notice function in a marital dissolution . . . provided the declarations are served on the respondent before entry of default”].) With respect to Debra’s December 2018 preliminary declaration, we cannot determine if it satisfies the requirements of section 580 because the declaration is not part of the record on appeal.

11
Sole Energy Co. v. Hodgesgreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(See, e.g., Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 286 [ 133 Cal.Rptr.3d 774 ] [“a statement of damages cannot be relied upon to establish a plaintiff’s monetary damages, except in cases of personal injury or wrongful death”]; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1136 [ 52 Cal.Rptr.3d 197 ] [in a case not involving personal injury or wrongful death, a statement of damages cannot be used to satisfy the notice requirements of § 580]; Sole Energy Co. v. Hodges (2005) 128 Cal.App.4th 199, 206, fn. 4 [ 26 Cal.Rptr.3d 823 ] (Sole Energy) [“[statements of damages are used

2015(See, e.g., Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 286 [ 133 Cal.Rptr.3d 774 ] [“a statement of damages cannot be relied upon to establish a plaintiff’s monetary damages, except in cases of personal injury or wrongful death”]; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1136 [ 52 Cal.Rptr.3d 197 ] [in a case not involving personal injury or wrongful death, a statement of damages cannot be used to satisfy the notice requirements of § 580]; Sole Energy Co. v. Hodges (2005) 128 Cal.App.4th 199, 206, fn. 4 [ 26 Cal.Rptr.3d 823 ] (Sole Energy) [“[statements of damages are used

11
Kim v. Westmoore Partners, Inc.green
calctapp · 2011 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(See, e.g., Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 286 [ 133 Cal.Rptr.3d 774 ] [“a statement of damages cannot be relied upon to establish a plaintiff’s monetary damages, except in cases of personal injury or wrongful death”]; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1136 [ 52 Cal.Rptr.3d 197 ] [in a case not involving personal injury or wrongful death, a statement of damages cannot be used to satisfy the notice requirements of § 580]; Sole Energy Co. v. Hodges (2005) 128 Cal.App.4th 199, 206, fn. 4 [ 26 Cal.Rptr.3d 823 ] (Sole Energy) [“[statements of damages are used

2015(See, e.g., Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 286 [ 133 Cal.Rptr.3d 774 ] [“a statement of damages cannot be relied upon to establish a plaintiff’s monetary damages, except in cases of personal injury or wrongful death”]; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1136 [ 52 Cal.Rptr.3d 197 ] [in a case not involving personal injury or wrongful death, a statement of damages cannot be used to satisfy the notice requirements of § 580]; Sole Energy Co. v. Hodges (2005) 128 Cal.App.4th 199, 206, fn. 4 [ 26 Cal.Rptr.3d 823 ] (Sole Energy) [“[statements of damages are used

11
Paul F. Roemer, Jr. And Marcia E. Roemer v. Commissioner of Internal Revenuegreen
ca9 · 1983 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(See Roemer v. C.I.R. 13 (9th Cir. 1983) 716 F.2d 693, 699, fn. 4 [“Although a corporation may sue for certain types of defamation, a corporation by its very nature cannot suffer a personal injury”].) Electronic Funds, supra, 134 Cal.App.4th 1161 , is directly on point.

11
Burtnett v. Kinggreen
cal · 1949 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009(Becker v. S.P.V. *1209 Construction Co. (1980) 27 Cal.3d 489, 494-495 [ 165 Cal.Rptr. 825 , 612 P.2d 915 ]; Burtnett v. King (1949) 33 Cal.2d 805, 807 [ 205 P.2d 657 ].) Appellant contends that plaintiffs failed to specify the amount of damages sought in their prayer for relief, which sought a “judgment for damages sustained by plaintiffs according to proof . . . .” Addressing the type of notice which a complaint must provide under section 580 before a default judgment may be entered, our Supreme Court has explained: “The notice requirement of section 580 was designed to insure fundamental fa

2009(Becker v. S.P.V. *1209 Construction Co. (1980) 27 Cal.3d 489, 494-495 [ 165 Cal.Rptr. 825 , 612 P.2d 915 ]; Burtnett v. King (1949) 33 Cal.2d 805, 807 [ 205 P.2d 657 ].) Appellant contends that plaintiffs failed to specify the amount of damages sought in their prayer for relief, which sought a “judgment for damages sustained by plaintiffs according to proof . . . .” Addressing the type of notice which a complaint must provide under section 580 before a default judgment may be entered, our Supreme Court has explained: “The notice requirement of section 580 was designed to insure fundamental fa

11
Petty v. Manpower, Inc.green
calctapp · 1979 · cited in 1 California opinions naming this issue, 1991–1991
2 sentences

1991Surely this would be undermined if the door were opened to speculation, no matter how reasonable it might appear in a particular case that a prayer for damages according to proof provided adequate notice of a defaulting defendant’s potential liability.” (Ibid, [internal quotation marks deleted].) Section 580 constitutes a statutory expression of the mandates of due process, which require “formal notice of potential liability.” ( 42 Cal.3d at p. 826 ; accord, Petty v. Manpower, Inc. (1979) 94 Cal.App.3d 794, 798 [ 156 Cal.Rptr. 622 ] [California has codified constitutional protection of notice]

1991Surely this would be undermined if the door were opened to speculation, no matter how reasonable it might appear in a particular case that a prayer for damages according to proof provided adequate notice of a defaulting defendant’s potential liability.” (Ibid, [internal quotation marks deleted].) Section 580 constitutes a statutory expression of the mandates of due process, which require “formal notice of potential liability.” ( 42 Cal.3d at p. 826 ; accord, Petty v. Manpower, Inc. (1979) 94 Cal.App.3d 794, 798 [ 156 Cal.Rptr. 622 ] [California has codified constitutional protection of notice]

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Stein v. York green
calctapp · 2010
2 sentences

2018(Electronic Funds, supra, 134 Cal.App.4th at p. 1176 ; Levine v. Smith (2006) 145 Cal.App.4th 1131, 1136 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 ; Dhawan, supra, 241 Cal.App.4th at pp. 969−970.) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attendance at the default prove-up hearing. ( Stein, supra, 181 Cal.App.4th at pp. 326−327.) This emphasis on formal notice stems from the policy goals at stake.

2018Several cases have held that a statement of damages does not satisfy section 580 if the case does not involve personal injury or wrongful death. ( Electronic Funds, supra, 134 Cal.App.4th at p. 1176 , 36 Cal.Rptr.3d 663 ; Levine v. Smith (2006) 145 Cal.App.4th 1131 , 1136, 52 Cal.Rptr.3d 197 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 , 187 Cal.Rptr.3d 227 ; *1020 Dhawan, supra, 241 Cal.App.4th at pp. 969-970, 194 Cal.Rptr.3d 515 .) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attenda

42018–2025
Rodriguez v. Nam Min Cho green
calctapp · 2015
2 sentences

2018Several cases have held that a statement of damages does not satisfy section 580 if the case does not involve personal injury or wrongful death. ( Electronic Funds, supra, 134 Cal.App.4th at p. 1176 , 36 Cal.Rptr.3d 663 ; Levine v. Smith (2006) 145 Cal.App.4th 1131 , 1136, 52 Cal.Rptr.3d 197 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 , 187 Cal.Rptr.3d 227 ; *1020 Dhawan, supra, 241 Cal.App.4th at pp. 969-970, 194 Cal.Rptr.3d 515 .) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attenda

2018Several cases have held that a statement of damages does not satisfy section 580 if the case does not involve personal injury or wrongful death. ( Electronic Funds, supra, 134 Cal.App.4th at p. 1176 , 36 Cal.Rptr.3d 663 ; Levine v. Smith (2006) 145 Cal.App.4th 1131 , 1136, 52 Cal.Rptr.3d 197 ; Rodriguez, supra, 236 Cal.App.4th at p. 755 , 187 Cal.Rptr.3d 227 ; *1020 Dhawan, supra, 241 Cal.App.4th at pp. 969-970, 194 Cal.Rptr.3d 515 .) Stein held that section 580's formal notice requirement could not be satisfied even by the defaulting defendant's "active participation in discovery" and attenda

22018–2018
Rochin v. Pat Johnson Manufacturing Co. green
calctapp · 1998
1 sentence

2019(Rochin v. Pat Johnson Manufacturing Co. (1998) 67 Cal.App.4th 1228, 1239 .) “The statutes dealing with entry of default judgment ‘ensure that a defendant who declines to contest an action does not thereby subject himself to open- ended liability. . . .’ [Citation.] ‘The notice requirement of section 580 was designed to insure fundamental fairness.

12019–2019
Lippel v. San Francisco green
cal · 1990
2 sentences

2018However, a defendant is not in a position to make such a decision if he or she has not been given full notice." ( Lippel, supra, 51 Cal.3d at p. 1166 , 276 Cal.Rptr. 290 , 801 P.2d 1041 .) It is because section 580 was "designed to insure fundamental fairness" that it must be strictly construed. ( Becker, supra, 27 Cal.3d at p. 494 , 165 Cal.Rptr. 825 , 612 P.2d 915 .) The statute's policy objective would "[s]urely ... be undermined if the door were opened to speculation, no matter how reasonable it might appear in a particular case, that a prayer for damages according to proof provided adequa

2018However, a defendant is not in a position to make such a decision if he or she has not been given full notice." ( Lippel, supra, 51 Cal.3d at p. 1166 , 276 Cal.Rptr. 290 , 801 P.2d 1041 .) It is because section 580 was "designed to insure fundamental fairness" that it must be strictly construed. ( Becker, supra, 27 Cal.3d at p. 494 , 165 Cal.Rptr. 825 , 612 P.2d 915 .) The statute's policy objective would "[s]urely ... be undermined if the door were opened to speculation, no matter how reasonable it might appear in a particular case, that a prayer for damages according to proof provided adequa

12018–2018
Ely v. Gray green
calctapp · 1990
1 sentence

2014(Ely, supra, 224 Cal.App.3d at p. 1259 .) The appellate court observed that the notice requirement in Code of Civil Procedure section 580, subdivision (a), places plaintiffs seeking an accounting “in a bind,” as the presence of allegations in a complaint specifying an amount due ordinarily undermines a prayer for an accounting.

12014–2014
Matera v. McLeod green
calctapp · 2006
2 sentences

2014(Italics added.) Directing the parties to Matera, supra, 145 Cal.App.4th 44 , our request for supplemental letter briefs asked the parties to address the following question, “Was the statement of damages insufficient to satisfy . . . section 580’s notice requirements, rendering void the judgment awarding compensatory and punitive damages on [Schneider’s] libel cause of action, because it was not served a reasonable time before Ellis’s answer was stricken as a terminating sanction?” Ellis’s supplemental brief argues Matera compels the conclusion the judgment is void.

2014(Italics added.) Directing the parties to Matera, supra, 145 Cal.App.4th 44 , our request for supplemental letter briefs asked the parties to address the following question, “Was the statement of damages insufficient to satisfy . . . section 580’s notice requirements, rendering void the judgment awarding compensatory and punitive damages on [Schneider’s] libel cause of action, because it was not served a reasonable time before Ellis’s answer was stricken as a terminating sanction?” Ellis’s supplemental brief argues Matera compels the conclusion the judgment is void.

12014–2014
Janssen v. Luu green
calctapp · 1997
1 sentence

2010The court concluded “the notice requirement of section 580 exists to insure fundamental fairness, and it should not be undermined by speculation about what a defendant may or may not know about the municipal court’s jurisdictional limits.” (Janssen v. Luu, supra, 57 Cal.App.4th at p. 279 .) The court further explained, “ ‘Even if defendants may be deemed to have constructive notice of the jurisdictional limit, due process requires that they know exactly what risk they assume by not responding to the pleading. . . . [Section 580] and due process require[] that defendants be told exactly what th

12010–2010

Statutes the citing opinions construe

CA § Cal. Code of Civil Procedure § 580 (20) CA § Cal. Civil Code § 3295 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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