Can a motion for relief be denied even though the prayer of the complaint is inconsistent with allegations in the first amended complaint?
California, United States of America
The following excerpt is from Elysian Care Corp. v. Lawndale Healthcare, B281904, B283523 (Cal. App. 2018):
15. The prayer for relief was inconsistent with allegations in the first amended complaint and did not seek attorney fees as damages. But "[i]t is well settled that relief may be granted in accordance with the facts alleged in a complaint and appropriate relief will not be denied even though it be at variance with the prayer of the complaint." (Pulos v. Pulos (1956) 140 Cal.App.2d 913, 915.)
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