Default Procedures - Superior Court - California

File a civ 100 form

Counsel should also file a Proposed Judgment. (CRC 3.1800 (a)(6).) It may be most convenient to use Judicial Council form jud 100 form . However, if a case is particularly complex, involving multiple defendants and significant amounts of overlapping and non-overlapping damages, it may be preferable for counsel to draft a Proposed Judgment tailored to that specific case, which explains precisely how damages are to be awarded and whether each of the multiple defendants is solely liable, or jointly and severally liable for each particular element of the damages award.

Are there any relevant statutes the Plaintiff should review before seeking entry of default and default judgment?

Yes.
CRC 3.1800 sets forth a list of specific requirements, which the Applicant must satisfy when seeking entry of default judgment, on declarations.
CCP 585.
CCP 586.
Appendix A to the Local Rules. And Civil Code sections 1717
and 1717.5.
How to file default

Anything not denied will be taken as true aclaw.lib.ca.us/

CCP 431.30(b)(1)
   (b) The answer to a complaint shall contain:
   (1) The general or specific denial of the material allegations of
the complaint controverted by the defendant.
sac court.com/

Relief from Defaults

A default judgment is obtained by the plaintiff when the defendant does not file a response to the Summons and Complaint, or does not appear at the hearing. Defaults may be set aside or vacated by the court at the request of the defendant. California law provides specific grounds on which a defendant may base a motion for relief from a default or default judgment. The defendant bears the burden of proving to the court that he or she is entitled to relief from default. The moving party also must show that they have a meritorious defense to the original case.

Grounds for relief
Time for filing
Procedure for relief from default
Forms

saclaw.lib.ca.us

Creating Pleadings