Q:

What Judicial Council form must the Plaintiff file to obtain DEFAULT JUDGMENT against a defendant whose default has been entered?

2
Like
Answer
Comment
Flag
Thanks for your feedback!
A:

1 Answer

rank
1
1
Like
Comment
Flag
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 whether each of the multiple defendants is solely liable, or jointly and severally liable for each particular element of the damages award.  more
fresnosuperiorcourt.org

Related Videos

Add your answer...

Top Answerers

1.
Cheap SSL Certificates
7 Answers in the past week
2.
vanity fair
7 Answers in the past week
3.
Robert Turner
4 Answers in the past week

Top Askers

1.
Frank Bell
2 Questions in the past week
2.
Frank Bigaglow
3 Questions in the past week
3.
Charles McAtee
2 Questions in the past week

Top Supporters

1.
Tom Wagner
9 Likes given in the past week
2.
Susan Brunner
3 Likes given in the past week
3.
CableAnd OtherThings Too
2 Likes given in the past week
...