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<< Previous Rule[ Back to Title Index ]Next Rule >>Â Â Â Â | Â Â Â Â Â Printer-friendly version of this page2024 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) Â Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff's claim;
(2) Â Declarations or other admissible evidence in support of the judgment requested;
(3) Â Interest computations as necessary;
(4) Â A memorandum of costs and disbursements;
(5) Â A declaration of nonmilitary status for each defendant against whom judgment is sought;
(6) Â A proposed form of judgment;
(7) Â 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) Â Exhibits as necessary; and
(9) Â 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.)
ROEs In defaults, California Rules of Court section 3.1800, subdivision (a)(7) requires a dismissal of all parties against whom judgment is not sought. Here, cross-complainant has not dismissed ROEs 2-20. They must be dismissed before judgment can be entered. Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary.
CHARANJIT DHALIWAL V. COMPUS GLOBAL TRANSPORTATION
15CECG00009
May 31, 2019
Fresno County, CA
ROEs In defaults, California Rules of Court section 3.1800, subdivision (a)(7) requires a dismissal of all parties against whom judgment is not sought. Here, cross-complainant has not dismissed ROEs 2-20. They must be dismissed before judgment can be entered. Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary.
CHARANJIT DHALIWAL V. COMPUS GLOBAL TRANSPORTATION
15CECG00009
Sep 06, 2018
Fresno County, CA
DOEs: In defaults, California Rules of Court section 3.1800, subdivision (a)(7) requires a dismissal of all parties against whom judgment is not sought. Additionally, no default judgment may be entered against someone served as a ‘Doe’ unless additional requirements are met. (Pelayo v. JJ Lee Mgmt. Co., Inc. (2009) 174 Cal.App.4th 484, 496.) Here, Plaintiff has not dismissed ‘Does’ 1-100; they must be dismissed before judgment can be entered.
NAOMI SMITH V. CHRISTOPHER ISLAS
16CECG04155
Oct 10, 2017
Jeff Hamilton
Fresno County, CA
Also, in defaults, California Rules of Court section 3.1800 (a)(7) requires a dismissal of all parties against whom judgment is not sought. In the case at bar, plaintiffs have not dismissed DOEs 1-50; they must be dismissed before judgment can be entered. Pursuant to California Rules of Court, rule 3.1312(a) and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary.
MICHELLE LOWE V. HAPPY YU, LLC
16CECG03557
Oct 24, 2018
Fresno County, CA
Personal Injury/ Tort
other
Explanation: DOEs In defaults, California Rules of Court section 3.1800, subdivision (a)(7) requires a dismissal of all parties against whom judgment is not sought. Here, plaintiff has not dismissed DOEs 1-10. They must be dismissed before judgment can be entered. Pain and Suffering A plaintiff is entitled to compensatory damages for physical pain and mental suffering that accompany or otherwise result from physical injury.
BRYANT HOWARD V. JENNIFER BOHN
17CECG00330
Sep 04, 2018
Rosie McGuire
Fresno County, CA
Jul 09, 2008
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