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 whether each of the multiple defendants is solely liable, or jointly and severally liable for each particular element of the damages award.
Related Questions
- What Judicial Council form must the Plaintiff file to obtain DEFAULT against a defendant who has failed to timely answer the complaint?
- What Judicial Council form must the Plaintiff file to obtain DEFAULT JUDGMENT against a defendant whose default has been entered?
- In what types of actions may the Plaintiff obtain a DEFAULT JUDGMENT solely on DECLARATIONS, without any hearing?
