Legal Question in Civil Litigation in California

What happens if an in pro per-plaintiff mistakenly & unintentionally states the dollar amount in a Personal Injury case in the complaint? Does the court, sua sponte, strike out that monetary amount from complaint or does Defendant have to move to strike that from that complaint. I know that if you state the amount of Punitive Damages sought, the court strikes out the Punitive Damages demand from the complaint and Plaintiff will not get Punitive damages at all, but what about the stating dollar amount in the complaint for General & Special Damages sought? If stricken out, is there no way to undue the ruling through CCP 473, CCP 1008, Motion in Limine, etc.?


Asked on 10/09/14, 8:23 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

It can be stricken either by the court's own motion or on motion by the defendant. If necessary, the court provides time to amend the complaint by filing an amended complaint. It does not preclude damages and it is foolish to attempt to undue the ruling because it is a clear cut matter of law that damage amounts are not to be stated in a complaint.

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Answered on 10/09/14, 8:47 am


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