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2018 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), unless the action is subject to the Fair Debt Buying Practices Act, Civil Code section 1788.50 et seq., in which case the party must use mandatory Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105). 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 January 1, 2018; previously amended effective January 1, 2005, January 1, 2007, and July 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 January 1, 2018; adopted as rule 388 effective July 1, 2000; previously amended effective January 1, 2005, and July 1, 2007; previously amended and renumbered effective January 1, 2007.

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