What Judicial Council form must the Plaintiff file to obtain DEFAULT against a defendant who has failed to timely answer the complaint?
CIV – 100 Request for Entry of Default What Judicial Council form must the Plaintiff file to obtain DEFAULT JUDGMENT against a defendant whose default has been entered? The same form — CIV – 100 — is used, but the Applicant must be sure to check the box in the caption indicating whether a Clerks Judgment or Court Judgment is being sought. Failure to check the appropriate box is a very common error. In addition, the Applicant must either check the box at 1 (d) or at 1 (e) indicating whether a Clerks Judgment or Court Judgment is being sought. (See also CRC 3.1800.) Counsel should also file a Proposed Judgment. (CRC 3.1800 (a)(6).) It may be most convenient to use Judicial Council form JUD-100. However, if a case is particularly complex, involving multiple defendants and significant amounts of overlapping and non-overlapping damages, it may be preferable for counsel to draft a Proposed Judgment tailored to that specific case, which explains precisely how damages are to be awarded and w
Related Questions
- What Judicial Council form must the Plaintiff file to obtain DEFAULT against a defendant who has failed to timely answer the complaint?
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