Hamm

—In this case we hold that service of a statement of damages after taking a default but before entry of the default judgment did not satisfy the requirement of Code of Civil Procedure section 425.11 that a statement of damages must be served “before a default may be taken” in a personal injury case.

Kenneth Hamm filed a complaint alleging that Armón Elkin had punched him in the face. The complaint sought unspecified general and special damages and $100,000 punitive damages. Elkin was personally served on October 19, 1984.

Hamm filed a request to enter default in the amount of $100,000 plus costs on November 20, 1984. He filed a statement of damages (Code Civ. Proc., § 425.11) on January 7, 1985, specifying $100,000 punitive damages, $5,000 consequential damages, and “unknown” medical and special damages. Elkin failed to appear at the hearing on damages. On March 13, 1985, the court rendered a default judgment awarding Hamm $5,000 general damages and $5,000 punitive damages.

On May 16, 1985, Elkin moved for relief from the default. (Code Civ. Proc., § 473.) He admitted he had hit Hamm during an argument which arose while the two were attempting to park their cars; he…