Perspective
Oct. 10, 2012
Lawyers (and judges) confused by default judgments
Despite attempts to streamline the process, appellate courts have repeatedly demonstrated that lawyers and trial judges are often confused by the rules of default proceedings. By Mark Wagner of Wagner Legal Group
In California, if a party does not file a timely responsive pleading to a lawsuit (e.g., answer or demurrer), a default can be entered by filing an Application to Enter Default. After entry of default, the plaintiff then has to "prove up" the default in court and allow the judge to enter default judgment, though there are certain cases that allow default judgment by the clerk (e.g., contract collection cases with fixed amounts). Despite a...
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