Default Judgments in California

Daniel An
2 hours ago
3 min read

Updated: 2 hours ago

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

File a Proof of Service (POS-010).
Ensure the defendant was served in compliance with CCP §§ 415.10–415.40.

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

Default judgments can be a swift and effective remedy for plaintiffs, but they require strict procedural compliance and thorough documentation.

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