What is the test for a plaintiff to seek damages under section 580 of the California Code of Civil Procedure?
California, United States of America
The following excerpt is from Horspool v. Horspool, E051016 (Cal. App. 2013):
principles." (Code Civ. Proc., 580, subd. (a).) The purpose of Code of Civil Procedure section 580 is to ensure that a defendant who defaults has adequate notice of the judgment that may be taken against him. (Stein v. York (2010) 181 Cal.App.4th 320, 325.) "A complaint that merely prays for damages according to proof without specifying any amount cannot satisfy [Code of Civil Procedure] section 580. [Citation.]" (Id. at p. 327.)
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