A default judgment may be entered against a defendant if they do not respond to the pleadings in time. This is done by requesting default and then requesting that the court enter default judgment. If you have been sued this is an important reason to make sure you respond to the pleadings or the complaint.
What is entering default?
After a defendant is sued in court they have a certain amount of time to respond to the complaint. The defendant may request an extension of this time. Otherwise, the plaintiff can ask that the court clerk enter default against the defendant within 10 days of that time limit passing. (Cal. Gov. Code §§ 69845-69845.5).
To enter default the complaint and summons must have been properly served on the defendant to give them notice. (C.C.P. § 585.) The court clerk may not refuse to do so as long as the request is proper. (W.A. Rose Co. v. Mun.Ct. (1959) 176 Cal.App.2d 67, 71.) Once default is entered it cuts off the right for the defendant to appear in the lawsuit, meaning the defendant is “out of court.” This means the defendant may no longer participate in the proceedings until default is set aside or a default judgment is entered which the defendant can appeal. (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386.) This means the defendant cannot do things like conduct discovery or appear in court at a hearing.
What is a default judgment?
Once default has been entered the plaintiff can request a judgment based on the entry of default. This is called a default judgment. This acts as a final judgment on the claim, meaning the plaintiff and defendant cannot re litigate the issues raised in the complaint. (Martin v. General Finance Co. (1966) 239 Cal.App.2d 438, 443.) This applies to any material issues determined by the default judgement. (Four Star Elec., Inc. v. F & H Const. (1992) 7 Cal.App.4th 1375, 1380.)
As part of a default judgment, the plaintiff must present evidence at a prove-up hearing to show they are entitled to the specific judgment requested. (Siry Inv., L.P. v. Farkhondehpour (2022) 13 Cal.5th 333, 343.) For example, if the plaintiff failed to provide any significant evidence to support their claims they may not be entitled to any monetary damages. (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 272.)
The amount awarded by the judgment will not exceed the amount stated in the complaint or statement of damages. (Holloway v. Quetel (2015) 242 Cal.App.4th 1425, 1432)
What are the consequences?
If a default judgment is entered against you there may be serious consequences. A default judgement essentially acts like the defendant has admitted all the allegations in the complaint. (Steven M. Garber & Assocs. v. Eskandarian (2007) 150 Cal.App.4th 813, 823-82.) If a default judgement is entered that ends the lawsuit and you are not able to participate in the lawsuit or litigate any of the issues further. If the judgment is granted you may also be on the hook for all the damages requested in the complaint.
However, a judge cannot grant relief exceeding what is set out in the complaint. (C.C.P. §§ 580(a), 585(a)–(c); Sass v. Cohen (2020) 10 Cal.5th 861, 863, 878.) The demand acts as a ceiling on recovery which also means any default judgment exceeding that amount is void. (Greenup v. Rodman (1986) 42 Cal.3d 822, 826.)
What are the solutions to default judgement?
A defendant may request relief from default before default judgment is entered. (Dill v. Berquist Const. Co., Inc. (1994) 24 Cal.App.4th 1426, 1443.) Once a default judgement is entered, the defendant may also appeal that judgment. (Misic v. Segars (1995) 37 Cal.App.4th 1149, 1153-1154.) On appeal the defendant can argue the relief granted exceeds what was sought or that there were procedural issues. (Steven M. Garber & Assocs. v. Eskandarian, 150 Cal.App. at 824) A defendant can also move for a new trial if there were excessive damages awarded. (Misic v. Segars, 37 Cal.App. at 1154.)
The trial court has broad discretion to vacate a default judgment or even a preceding entry of default. However, the defendant must show they have a proper ground for relief and that request for relief must be timely. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.)
The plaintiff may also provide defendant relief from default judgment. A plaintiff can also appeal a default judgment, usually because they did not receive the desired damages. (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361-362.)
The plaintiff amending the complaint will also open the default and allow a defaulting defendant to answer. (Paterra v. Hansen (2021) 64 Cal.App.5th 507, 529.)
What is an example of what a default judgment would look like?
For example, Julie sues Shawn. As the defendant, Shawn has a certain amount of time to respond to the complaint or Julie can enter default against him. If Shawn fails to respond, whether by a demurrer or actually answering the complaint, Julie can enter default. The clerk will do so if her request is proper. Then, Shawn cannot show up at any hearings or conduct any discovery like depositions. Following entry of default, Julie could request the court enter a default judgment. This means the court would have a prove up hearing. While Shawn could not appear at this hearing, Julie would need to show she actually has a right to the damages she is alleging with evidence. If successful in showing a default judgment could be entered against Shawn, Julie would be granted the relief she set out in her complaint. This means what she asked for in the initial lawsuit would likely be given to her. Because this counts as a final judgment, Shawn could appeal this default judgment and possibly not be held to whatever relief Julie claimed in her complaint.
Conclusion
If you are involved in a lawsuit, ensuring you respond promptly to avoid default or default judgment is important. Alternatively, if you are bringing a lawsuit knowing when you can enter default or request a default judgment is a valuable tool. In a partition lawsuit, like with all litigation, entry of default judgment can give the plaintiff what they want whether that is money or property ownership. If you are experiencing a dispute regarding your interest or liability on property, partition may be a solution. At Underwood Law, our partition attorneys can help you navigate your partition action efficiently and with care. We are here to help.
