According to Proof Ain’t Worth Jack

Yu v. Liberty Surplus Ins. Corp., No. G054522 (D4d3 Jan. 4., 2019)

Although basically everyone does it, it’s not really proper to to demand unquantified “damages according to proof” in a complaint. In most cases, Code of Civil Procedure § 425.10(a) requires a demand for money damages to state the amount of the demand. But it usually doesn’t matter, because a court can award relief irrespective of the prayer. § 580(a). Except, of course, in the case of a default judgment, for which an award more than the amount demanded is void as a matter of law. Id.; see also § 585(a), (b). Which means, effectively, if you allege “according to proof” you’ll need to amend to put in a number and re-serve process before you take a default. Or else you get zero.

The complaint here said according to proof and nobody bothered to amend to put in a number. So Plaintiff’s $1.2 million default judgment on a third party indemnity cross-claim assigned to her by the original defendant is void. Nor was the judgment saved by the fact that the cross-claim incorporated the original complaint—which contained a $10 million demand—by reference. The incorporation was expressly “for identification and informational purposes only.” Even if the cross-complaint could theoretically incorporate a demand contained in some other pleading—which seems like a questionable way to give notice—the reference here was too vague and equivocal to meet the general elements of the incorporation by reference doctrine.

Affirmed. 

Wage & Hour Violations Aren't "Personal Inuries" for Default Purposes

Rodriguez v. Cho, No. B256985 (D2d8 May 7, 2015) 

Plaintiff, who cleans offices, filed a wage and hour case against defendant, her employer. The prayer in her complaint demanded damages to be proven at trial and a $10,000 civil penalty. Along with the complaint, she served a “statement of damages” demanding $3.2 million in general, special and punitive damages.  Defendant defaulted.  At the damages prove up, plaintiff’s prove-up documents sought a little less than $300k.  The court ultimately entered a default judgment for about $130k.