Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.
Friday, January 04, 2019
Yu v. Liberty Surplus Ins. Co. (Cal. Ct. App. - Jan 4, 2019)
There's nothing from the Ninth Circuit yesterday or today. But the California Court of Appeal steps up to the plate, and this afternoon published an opinion with a very helpful -- and easily remembered -- pointer for civil litigants.
When you're drafting a complaint (or, as here, a cross-complaint), do not ask for damages "according to proof". Ask for a particular number. Otherwise, even if you obtain a default judgment, it won't stick.
