Can Respondents to a claim for future economic loss in a personal injury or wrongful death case seek damages for "future economic loss"?

California, United States of America


The following excerpt is from Gottlieb v. Fahs, B218087 (Cal. App. 2012):

Respondents' statements of damages, however, contained no request for "future economic loss." They were therefore precluded from seeking such damages. In a personal injury or wrongful death case, the statement of damages functions as a pleading delimiting the damages sought. (See Code Civ. Proc., 585, subd. (b).) "The court cannot allow a plaintiff to prove different claims or different damages at a default hearing than those pled in the complaint. (In re Marriage of Lippel [1990] 51 Cal.3d [ 1160,] 1166.)" (Heidary v. Yadollahi (2002) 99 Cal.App.4th 857, 868 (Heidary).)

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