Athans

In the event of a default, the “relief’ granted to the plaintiff may not exceed the dollar amount demanded in the complaint or, in cases of personal injury or wrongful death, the dollar amount set forth in a statement of damages. (Code Civ. Proc., §§580, 425.11.) This rule applies not only to routine defaults, where the defendant fails to file an answer, but also to defaults entered as a sanction for misusing the discovery process, (Greenup v. Rodman (1986) 42 Cal.3d 822, 827-829 [ 231 Cal.Rptr. 220 , 726 P.2d 1295 ] (Greenup).) The question presented here is whether a plaintiff may recover attorney fees incurred in a case terminated in his or her favor as a discovery sanction where the complaint contains a request for an unspecified amount of attorney fees. Put another way, does a complaint have to specify by dollar amount the attorney fees that will be incurred and sought in a case ultimately resolved by a default judgment entered as a discovery sanction?

We answer that question in the negative because the attorney fees awarded in this case do not constitute the type of “relief’ that must be stated by amount in the complaint to be recovered in a default judgment…