Sass v. Cohen
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The Supreme Court affirmed the judgment of the court of appeal ruling that a plaintiff seeking an accounting is not excused from the requirement set out in Cal. Code Civ. Proc. 580(a) to state a specific dollar amount to support a default judgment granting monetary relief, holding that the mere fact that plaintiffs have pleaded an accounting action does not insulate them from the obligation to notify defendants of the dollar amounts sought before such relief may be granted in default.
At issue was the fact that in an accounting action a plaintiff does not know the sum certain owed by the defendant and, as such, the fact that a complaint seeking an accounting cannot state the exact amount of damages sought. The Supreme Court concluded that the most reasonable interpretation of section 580 is that the statute requires plaintiffs to have alleged their relief in terms of dollars if they are to receive monetary recovery. The Court expressed no view on the proper method for comparing the amount granted in default with the amount demanded in the complaint.
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