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In California, the entry of default is not automatic. To get the entry of default, the plaintiff must file an application for default judgment with the court clerk. Under certain circumstances, a Code of Civil Procedure section 425.11 statement of damages and a proof of service attached.
Obtaining a default judgment by declaration in California is authorized by Code of Civil Procedure section 585(d) which permits a default judgment to be entered using declarations in lieu of personal testimony which avoids the time and expense of a Court hearing.
-1. Entry of Default If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules or court order, or if the answer has been stricken with prejudice, the clerk shall enter a default on the docket as to such party.
(a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant.
File an Application for Entry of Default which includes:Request for Entry of Default (California Judicial Council form CIV-100) with Declaration 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 Defendant.