Warren

INTRODUCTION

Before the default may be entered of a defendant in an action for an accounting, must the plaintiff give notice of the damages sought? One line of cases concludes that notice of damages must be given before a default is entered in an accounting action. Another line concludes notice need not be given. Here, plaintiff and appellant Christopher Warren, Jr. (Warren, Jr.), did not give notice of damages to defendants and appellants Christopher Warren, Sr. (Warren, Sr.), and Share the Night, Inc. (STN), before their default was entered in this accounting action.

Although we agree with cases finding that a plaintiff in an action for accounting need not give notice of damages before a defendant’s default is entered, we also find that an exception to that rule applies: where, as here, plaintiff knew what his damages were and defendants did not have access to that information, notice must be given before default is entered. We therefore reverse the order denying defendants’ motion to set aside their default and default judgment.

BACKGROUND

Brook Kerr and Warren, Sr., are Warren, Jr.’s parents. In 2001, when Warren, Jr., was a minor, Kerr and Warren, Sr., formed…