|     printer icon  Printer-friendly version of this page

2017 California Rules of Court

Rule 3.1800. Default judgments

(a) Documents to be submitted

A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100). In an unlawful detainer case, a party may, in addition, use optional Declaration for Default Judgment by Court (form UD-116) when seeking a court judgment based on declarations. The following must be included in the documents filed with the clerk:

(1)Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim;

(2)Declarations or other admissible evidence in support of the judgment requested;

(3)Interest computations as necessary;

(4)A memorandum of costs and disbursements;

(5)A declaration of nonmilitary status for each defendant against whom judgment is sought;

(6)A proposed form of judgment;

(7)A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment;

(8)Exhibits as necessary; and

(9)A request for attorney fees if allowed by statute or by the agreement of the parties.

(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2005, and January 1, 2007.)

(b) Fee schedule

A court may by local rule establish a schedule of attorney's fees to be used by that court in determining the reasonable amount of attorney's fees to be allowed in the case of a default judgment.

(Subd (b) amended effective January 1, 2007.)

Rule 3.1800 amended effective July 1, 2007; adopted as rule 388 effective July 1, 2000; previously amended effective January 1, 2005; previously amended and renumbered effective January 1, 2007.

[ Back to Top ]