In California civil litigation, a default judgment is a powerful procedural tool that allows a plaintiff to obtain a court ruling when a defendant fails to respond to a lawsuit. This article provides a detailed overview of the legal framework, procedural steps, and strategic considerations involved in securing a default judgment under California law.
What Is a Default Judgment?
A default judgment is a binding court decision entered against a defendant who fails to respond to a complaint within the statutory time limit. Under California Code of Civil Procedure § 585, once the defendant is in default, they lose the right to contest the claims unless the default is later set aside.
Deadlines and Timing
- Personal Service: Defendant has 30 days to respond.
- Substituted Service: Defendant has 40 days from the date of mailing.
- Request for Entry of Default: Must be filed within 10 days of the missed deadline.
- Request for Default Judgment: Must be filed within 45 days of the default entry.
Step-by-Step Procedure
1. Confirm Proper Service of Your Complaint and Related Documents
- File a Proof of Service (POS-010).
- Ensure the defendant was served in compliance with CCP §§ 415.10–415.40.
- If your case involves a personal injury matter, then you must serve the defendant with a Statement of Damages (CIV-050).
2. Check Military Status
- File a Declaration of Nonmilitary Status to comply with the Servicemembers Civil Relief Act.
3. Request Entry of Default
- Use Form CIV-100.
- Include:
- Defendant’s name exactly as in the complaint.
- Declaration of mailing.
- Statement of damages (if applicable).
- Dismissal of other parties (Form CIV-110).
4. Request Default Judgment
Depending on the case type, you may request:
Clerk Judgment
- For breach of contract or open book accounts
- Requires:
- Verified complaint.
- Simple computation of damages.
- Original contract or ledger.
Court Judgment
- For personal injury, publication service, or non-monetary relief
- Requires:
- Declaration of facts and damages.
- Exhibits (contracts, receipts, etc.).
- Interest calculations.
- Memorandum of costs (Form MC-010).
- Proposed judgment (Form JUD-100).
Required Documents (Per Rule 3.1800)
| Document | Purpose |
| CIV-100 | Request for Entry of Default |
| JUD-100 | Proposed Judgment |
| MC-010 | Memorandum of Costs |
| POS-030 | Proof of Service by Mail |
| Declaration of Nonmilitary Status | Federal compliance |
| Exhibits | Evidence of damages |
| Statement of Damages (CIV-050) | Required in personal injury cases |
Setting Aside a Default Judgment
A defendant may file a motion to vacate under CCP § 473(b) for:
- Mistake, inadvertence, or excusable neglect.
- Lack of proper service.
- Fraud or other equitable grounds.
Time limits apply, typically within six months of entry.
Strategic Considerations
- Accuracy is critical: Names and amounts must match the complaint.
- No surprises: You cannot request more than what was originally demanded.
- Evidence matters: Even in default, the plaintiff must prove damages with admissible evidence.
- Dismiss DOE defendants: Before judgment, all unnamed parties must be dismissed.
Example: Breach of Contract Case
If suing for $15,000 with 10% interest:
- Attach the signed contract.
- Calculate interest.
- Include receipts or invoices.
- Submit a declaration explaining the breach.
Resources
- California Courts Self-Help Guide
- Rule 3.1800 – Judicial Branch of California
- Trellis Law Guide on Default Judgments
- Sacramento Law Library Guide
Default judgments can be a swift and effective remedy for plaintiffs, but they require strict procedural compliance and thorough documentation.
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