Is a Default Judgment Agains One Defendant Admissible

Just put, a default judgment is a judgment confronting a defendant who fails to answer a lawsuit. If a person or entity is sued and ignores the lawsuit entirely, the person or entity suing has the ability to go a judgment upon meeting certain criteria. The default judgment is a powerful tool in litigation allowing parties to obtain judgments for significant damages without a trial. Because of this, the requirements necessary for obtaining default are substantial. Judges insist on strict adherence to each requirement and routinely reject default packages submitted citing technical deficiencies. These strict requirements are designed to provide defendants due procedure. On ane manus, California law provides wronged parties a mechanism to seek damages where the wrong doer ignores a lawsuit. On the other paw, California constabulary ensures that bones procedures for fairness are in place. Unfortunately, the process is ho-hum and cumbersome especially given how overwhelmed San Diego courts are today. For those who have been served with a lawsuit, the all-time advice from this lawyer is, "don't ignore information technology". See "Is Your Business organization Existence Sued?" for a discussion of options. This commodity summarizes California'due south default procedures and the options available for setting aside defaults.

Default procedures, like whatsoever attribute of litigation, are complicated for lay persons. Whether seeking default or reacting to one entered confronting you, information technology is best to consult with and experienced San Diego litigator before taking any steps. This summary of procedures looks deceptively elementary. It is not. In addition to strict adherence to procedural rules, the party requesting default may be required to "bear witness up" their example. This ways presenting admissible evidence to the court establishing your legal claims and your damages. The post-obit is a list of prerequisites to obtaining a default judgment:

• Defendant must be served with the summons and complaint. In almost cases, defendants must exist personally served. However, where a defendant cannot be physically served, service may be achieved by publication (by obtaining courtroom approval to publish service in a newspaper).

• The fourth dimension for defendant to answer the complaint (thirty days in most cases) has passed and the accused has non filed an answer or other responsive pleading to the complaint with the courtroom. In some cases, defendants may get extensions of time to respond and/or reply to the complaint in which instance the time to answer is extended accordingly.

• Defendant must be served with a Statement of Amercement stating the amount of amercement sought. This serves as a final reminder of how much the defendant volition be on the hook for if a default judgment is entered against information technology. The Statement of Damages must be served in the same manner as the summons and complaint.

Once these prerequisites are satisfied, a default judgment may be sought immediately. All the same, it's of import to consider some practical concerns. Default judgments are fourth dimension consuming and complicated requiring in most cases a meaning amount of attorney time. This can be expensive for nigh litigants who are paying attorney fees past the hour. This matters because it is common for defendants to motion to fix aside default judgments (and succeed more than often than one might imagine). The decision of when to pull the trigger on seeking default requires a comprehensive assay of all aspects of each particular case. Your attorney should be happy to discuss whether delaying default is a good idea for your instance. Those representing themselves should at the very least consult with an experienced San Diego litigator.

The following are the steps necessary to obtain a default judgment:

• File an Application for Entry of Default which includes:
  • Asking for Entry of Default (California Judicial Council grade CIV-100) with Proclamation of Service;
  • Proof of Service of the Summons and Complaint on the Defendant;
  • The Statement of Damages; and
  • Proof of Service of the Statement of Damages on the Accused.
• Mail serve the defendant the Application for Entry of Default.
• Request a Default Judgment (either via a Clerk'due south Judgment or a Court Judgment):
  • Clerk'southward Judgment. A clerk's judgment tin can only be sought nether the following circumstances: the case is based on a contract or judgment action; the case only seeks to recover money or damages in a stock-still or determinable amount; and the defendant was non served by publication. While a clerk's judgment is easier than a court judgment it'southward important not to underestimate its complication. Strict adherence to all of the above procedures is required. The default judgment will exist rejected for any technical deficiency no thing how innocuous.
  • Court Judgment. A court judgment is necessary in all personal injury cases and cases where the defendant is served by publication. Courtroom default judgments are comparable to mini-trials. The plaintiff is required to present admissible evidence to the courtroom supporting its case. Admissible testify can exist testimony in the form of sworn affidavits and documents. The admissibility of documents is beyond the scope of this article. Consultation with an experienced San Diego litigator is appropriate. The following items are submitted when requesting a court default judgment: A case summary setting forth the facts of the case; written declarations nether adjuration attesting to the facts of the case; interest computations if you are seeking interest on the judgment; a toll memo setting forth the costs incurred in the case; signed affidavit affirming that the defendant or defendants are non in the military; a proposed judgment; a Request for Dismissal dismissing any other parties from the case including Doe defendants; documentary bear witness (exhibits) if whatsoever (all documents need to be originals or copies accompanied by an affirmation of authenticity; request for attorney fees if applicable; and proof of publication if the defendant was served by publication.

• The Court volition side by side determine whether a hearing is necessary or the court can render a judgment solely on the submitted papers.

• If the Court requires a hearing, the plaintiff volition be required to appear before the gauge and present its evidence.

This summary of the default process is designed to provide readers with a basic outline of the process. Information technology is not a comprehensive assay such that information technology lone may exist used as a guide to seeking default judgments. For more information on obtaining default judgments and/or litigation in general, contact an experienced San Diego litigator.

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Source: https://www.sandiegobusinesslawyerblog.com/california-default-judgments/