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CIV-050 Guidance: Statement of Damages (California)

The CIV-050 Statement of Damages form is used when a plaintiff is seeking to specify the amount of damages in a personal injury or wrongful death case, particularly when requesting a default judgment under the California Code of Civil Procedure. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form CIV-050

When completing form CIV-050, pay special attention to these less obvious sections:

Item 1a

General Damages Specificity

When specifying amounts for pain, suffering, and inconvenience, it can be helpful to provide a detailed quantification or methodology on how these damages are calculated. Keep related records or expert assessments, if available, at hand to substantiate these figures, especially if they might be contested.
Item 1c

Loss of Consortium

Consider whether claiming for loss of consortium is appropriate in your case, as this is often relevant for a spouse or partner and may require additional documentation or proof of the impact on the relationship.
Item 2d

Future Earnings Calculation

Determining loss of future earning capacity can be complex. It is often based on expert economic or vocational assessments. Consider the person's age, health, life expectancy, occupation, skills, and market trends. Securing an expert's evaluation may be beneficial to substantiate these claims.
Item 3

Punitive Damages Strategy

Identify the justification for pursuing punitive damages; these are awarded when the defendant's conduct is particularly egregious. Be prepared to provide evidence of malice, oppression, or fraud, and consider if any statutory caps apply in the jurisdiction that may limit the amount you can claim.
Proof of Service

Service Accuracy

Ensure the person serving the documents is over 18 and not a party to the case. Maintain accurate records and receipts, especially if using certified or registered mail, as proof will be necessary in case of dispute or for the court's verification. If personal service is not possible, document steps of attempted service to justify an alternative method.

What to do after filing form CIV-050

1
Serve the defendant with a copy of the filed Statement of Damages (CIV-050) using an appropriate method of service, such as personal service or substituted service.
2
Ensure that the Proof of Service section on the CIV-050 or a separate POS form is completed by the person who served the documents.
3
File the completed Proof of Service with the court to document that the defendant has been served according to legal requirements.
4
Await a response from the defendant; this may be an answer to the complaint or a motion, depending on the particulars of the case.
5
If the defendant fails to respond within the allotted time, consider applying for a default judgment under Code of Civil Procedure § 585.
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