LaRue v. DeMarco
On August 14, 2005, plaintiff Carl L. LaRue, while riding a bicycle, was struck by a car driven by defendant Joseph A. DeMarco.[1] On October 7, 2005, LaRue filed an unverified complaint prepared on a Judicial Council form, alleging a cause of action for negligence against DeMarco. In addition to actual damages, an award of punitive damages was sought on the ground that DeMarco was guilty of malice as defined in Civil Code section 3294. As mandated by Code of Civil Procedure section 425.10, subdivision (b), the complaint did not specify the amount of actual or punitive damages. Instead, pursuant to sections 425.11 and 425.115, LaRue set forth the nature and amount of damages being sought in a separate statement of damages prepared on a Judicial Council form. LaRue sought damages in the total sum of $3,500,650, consisting of general and special damages of $2,000,650, and punitive damages of $1.5 million.
Defendant Joseph A. DeMarco appeals from an order denying his motion to vacate a default and default judgment entered in favor of plaintiff Carl L. LaRue. Court affirm.
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