PRETRIAL ADJUDICATION
...Default
......Entry of Default
.........Prerequisites
 9 Cards On This Topic:
  • Responses other than answers which can be filed to stop default.
  • Affidavit accompanies application to enter default.
  • Court as gatekeeper should have precluded default judgment where, among other deficiencies, plaintiff had no standing and complaint did not state a claim.
  • Ps' use of incorrect zip code in mailing default papers did not entitle Ds to relief from default and default judgment where they had actual notice of default proceedings from other sources.
  • Judgment may be entered in quiet title action following default, provided evidentiary requirements of CCP 764.010 are met.
  • Application for entry of default may not be heard unless affidavit filed by P showing copy of application mailed to D’s attorney; entering default in absence of affidavit not prejudicial error where D had actual notice.
  • Defendant has 30 days after service complete in which to answer complaint.
  • Defendant has 30 days after service complete in which to answer complaint; within 10 days after time for service has elapsed, plaintiff must file request for entry of default.
  • Time to respond may be extended for good cause.


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