Statement Of Damages Doesn’t Count When It’s Not An Action For Personal Injury Or Wrongful Death.

Plaintiff sued for retaliation in violation of various Labor Code statutes. The complaint, itself specified only a civil penalty of $10,000 but did not otherwise specify the amount of damages. On the other hand, the statement of damages prayed for many zeroes. A default judgment for $129,673.48 plus costs and attorney fees was entered against defendant. Over two years later, defendant moved to set aside the default, arguing the judgment was void because the amount of damages was excessive in that plaintiff did not demand an amount of damages in the complaint. The trial judge refused to set aside the default, and the Court of Appeal reversed, stating: “We hold the default judgment is void because it exceeded the amount of damages stated in the complaint.” Nonetheless, the appellate court did not reverse the entry of default, and remanded to give plaintiff the opportunity to ask for the $10,000 civil penalty only. (Rodriguez v. Cho (Cal. App. Second Dist., Div. 8; May 7, 2015) 236 Cal.App.4th 742, [187 Cal.Rptr.3d 227].)