Legal Question in Civil Litigation in California

Re: Asking For Remedies at Trial

You didn't say what the nature of the case is. If you did not put a dollar figure for your damages and punitive damages in your complaint, make sure to immediately serve a statement of damages (there's a Judicial Council form), and complete a proof of service. Otherwise, you might not be awarded any money if the court should strike the defendant's answer. Keep a copy of the statement of damages, of course. You should not file it with the court until you seek judgment.

You might still bring a motion to compel responses to discovery and, if it's not forthcoming, bring a motion for sanctions -- including striking the answer.

Re: Asking For Remedies at Trial

If you are also in pro per, you really should consider getting a lawyer at this point to make sure you get the total amount of damages you are entitled to. Because the defendant has appeared in the case, the judge may allow you to obtain an award of punitive damages without serving a statement of damages on the defendant, but I recommend you serve such a statement on the defendant anyway because the defendant can bring a motion to set the judgment aside. Unfortunately, it is not as simple as just asking for punitive damages. You still have to prove your case to the court with testimony and evidence. There are procedures you need to follow before trial. Also, it sounds like this defendant may be getting ready to file a bankruptcy. Unless you get a judgment that is non-dischargable under Federal Bankruptcy Law, your judgment could be a shallow victory.

Re: Asking For Remedies at Trial

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Dear Plaintiff:

The answer to your question would be based at least in part on the laws of your state in which we are neither licensed nor particularly knowledgeable (while general propositions may be similar, statutes and case decisions vary from state to state). And, the ethical rules of the State of Arizona where I am located require any legal representation to be done only with a signed fee agreement. Thus, the best I can do is give you some general information, as one would learn in law school, but the specific answer to your specific question would require some research and a fee agreement as well as, of course, intake of documents and information. With your consent this email exchange can serve as the agreement.

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