Appellate Practice
Nov. 6, 2015
Be specific(ish) in prayers for damages
Despite state Supreme Court authority and the CCP, California attorneys regularly file complaints without a specific pray for damages. By Michael R. Sohigan.
"WHEREFORE, Plaintiff prays: 1. For general damages, according to proof; 2. For special damages, according to proof; 3. For punitive damages where they are available under California law; and injunctive relief, costs of suit and reasonable attorney fees."
Those words, or similar ones, conclude just about every civil complaint. If the complaint seeks to recover damages for personal injury or wrongful death, of course, that's all the plaintiff can allege. But even in cases arising out ...
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