Jones v. Interstate Recovery Service

In Jones v. Interstate Recovery Service (1984) 160 Cal.App.3d 925, plaintiffs sued Interstate Recovery Service (IRS) for trespass and four other causes of action for personal injury, such as assault and infliction of emotional distress, in an action arising from incidents that occurred when employees of IRS attempted to repossess plaintiffs' automobile. (Jones, supra, 160 Cal.App.3d at p. 927.) In their complaint, plaintiffs specifically requested general damages of $ 5,000 and punitive damages of $ 250,000 in regard to their trespass claim. (Ibid.) Also, plaintiffs requested specific amounts of general and punitive damages for each of their four personal injury claims. (Ibid.) Subsequently, the trial court entered default judgment in plaintiffs' favor as follows: "$ 5,000 on the first cause of action for trespass, $ 25,000 on the second cause of action, $ 15,000 as to the third cause of action, $ 25,000 on the fourth cause of action, and $ 10,000 on the fifth cause of action." In addition, the trial court awarded a total of $ 40,000 punitive damages for a total damages award of $ 120,000. (Ibid.) IRS filed a motion for relief of default judgment "on the sole ground that the default judgment was void in that plaintiffs failed to personally serve IRS with a statement of damages as required by section 425.11." The trial court granted the motion for relief of default and plaintiffs appealed. (Id. at p. 928.) The appellate court affirmed. As pertinent here, the appellate court rejected plaintiffs' request to reinstate default "on the causes of action which do not involve personal injury because section 425.11 would not apply." Without further elaboration, the court stated: "We decline. In this instance, plaintiffs' nonpersonal injury claims are tied so closely to the personal injury claims that section 425.11 applies to all causes of action." (Id. at p. 930.)