Long Beach California Request for Entry of Default

State:
California
City:
Long Beach
Control #:
CA-CIV-100
Format:
PDF
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Request for Entry of Default: A Request for Entry of Default is pursued when a Defendant fails to respond to a court pleading. If after a specified has passed and the Defendant still fails to file an answer, then the Petitioner, or filing party, may ask the court to enter a Default Judgment against the non-answering party. After entering the judgment, the Defendant is required to pay any and all damages requested by the Peititoner.


Long Beach California Request for Entry of Default is a legal document that pertains to cases filed in the Long Beach Superior Court. It is a crucial step in the litigation process when one party, known as the plaintiff, seeks a default judgment against the other party, known as the defendant, for failing to respond or take any action within a specified time frame. In Long Beach, California, there are several types of requests for entry of default, each serving a specific purpose in different legal matters. Some key types include: 1. Long Beach California Request for Entry of Default — Contract Dispute: This request is filed in contracts-related cases, such as breach of contract or non-payment disputes, where the defendant fails to answer or otherwise respond to the plaintiff's complaint within the required time. 2. Long Beach California Request for Entry of Default — Personal Injury: This type of request applies to personal injury lawsuits, seeking default judgment when the defendant in a personal injury case fails to answer the complaint within the given timeframe. 3. Long Beach California Request for Entry of Default — Family Law: In family law-related cases, such as divorce, child custody, or spousal support, this request is used when the responding party doesn't respond to or participate in the legal proceedings. 4. Long Beach California Request for Entry of Default — Eviction: This request is relevant in landlord-tenant disputes, particularly eviction cases. It is filed when the tenant fails to respond to an eviction notice or fails to appear in court for the eviction hearing. 5. Long Beach California Request for Entry of Default — Debt Collection: This request is commonly utilized in debt-related cases, including credit card debt or loan defaults, when the debtor fails to respond to the lawsuit or appear in court. When filing a Long Beach California Request for Entry of Default, it is essential to follow the specific procedures outlined by the Long Beach Superior Court and adhere to all filing requirements. This includes accurately completing the necessary forms, submitting supporting documents, and serving proper notice to the opposing party. By filing a Long Beach California Request for Entry of Default, the plaintiff seeks to obtain a default judgment, allowing them to potentially win the case by default if the defendant does not take prompt corrective action. However, it is essential to note that if the defendant can show a valid excuse for the default, they may be able to set aside the default judgment and continue with the legal proceedings.

Long Beach California Request for Entry of Default is a legal document that pertains to cases filed in the Long Beach Superior Court. It is a crucial step in the litigation process when one party, known as the plaintiff, seeks a default judgment against the other party, known as the defendant, for failing to respond or take any action within a specified time frame. In Long Beach, California, there are several types of requests for entry of default, each serving a specific purpose in different legal matters. Some key types include: 1. Long Beach California Request for Entry of Default — Contract Dispute: This request is filed in contracts-related cases, such as breach of contract or non-payment disputes, where the defendant fails to answer or otherwise respond to the plaintiff's complaint within the required time. 2. Long Beach California Request for Entry of Default — Personal Injury: This type of request applies to personal injury lawsuits, seeking default judgment when the defendant in a personal injury case fails to answer the complaint within the given timeframe. 3. Long Beach California Request for Entry of Default — Family Law: In family law-related cases, such as divorce, child custody, or spousal support, this request is used when the responding party doesn't respond to or participate in the legal proceedings. 4. Long Beach California Request for Entry of Default — Eviction: This request is relevant in landlord-tenant disputes, particularly eviction cases. It is filed when the tenant fails to respond to an eviction notice or fails to appear in court for the eviction hearing. 5. Long Beach California Request for Entry of Default — Debt Collection: This request is commonly utilized in debt-related cases, including credit card debt or loan defaults, when the debtor fails to respond to the lawsuit or appear in court. When filing a Long Beach California Request for Entry of Default, it is essential to follow the specific procedures outlined by the Long Beach Superior Court and adhere to all filing requirements. This includes accurately completing the necessary forms, submitting supporting documents, and serving proper notice to the opposing party. By filing a Long Beach California Request for Entry of Default, the plaintiff seeks to obtain a default judgment, allowing them to potentially win the case by default if the defendant does not take prompt corrective action. However, it is essential to note that if the defendant can show a valid excuse for the default, they may be able to set aside the default judgment and continue with the legal proceedings.

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Requirements Before You Can Enter a Default: (1) Defendant must be served with Summons and Complaint.(2) The time for responding to the Summons and Complaint must have passed.(3) Defendant must have failed to file a responsive pleading to the Complaint.(4) Defendant must be served with a Statement of Damages.

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.

Step 1: Make Sure You've Met the Requirements for a Default.Step 2: Decide How You Wish to Proceed.Step 3: Complete the Necessary Forms.Step 4: Complete Your Declaration in Support of Default Judgment.Step 5: Calculate Prejudgment Interest, if Appropriate.Step 6: Copy and Assemble Your Documents.

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.

You must file the request for order to set aside within 2 years after the date when the default judgment was entered against you. The deadline is sooner if the court files show that you were served with a written notice of entry of that default judgment.

Default judgments happen when you don't respond to a lawsuit ? often from a debt collector ? and a judge resolves the case without hearing your side. In effect, you're found guilty because you never entered a defense. Default judgments are sometimes called automatic judgments because of how fast they can happen.

An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.

If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to ?set aside? (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.

Requirements Before You Can Enter a Default: (1) Defendant must be served with Summons and Complaint.(2) The time for responding to the Summons and Complaint must have passed.(3) Defendant must have failed to file a responsive pleading to the Complaint.(4) Defendant must be served with a Statement of Damages.

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Long Beach California Request for Entry of Default