PRETRIAL ADJUDICATION
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Default
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Default Judgment
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Conditions for Entry
............Where D Fails to Answer
7 Cards On This Topic:
Default judgment in contract action.
Default judgment in action other than one arising out of contract.
Use of affidavits in application for default judgment.
Meaning of notice of motion to strike within context of default judgment.
P has 3 yrs. in which to obtain default judgment against D who fails to answer, or whose answer was stricken, or suffer dismissal of action.
Clerk relies on title to determine if response sufficient to stave off entry of default. "Declaration," even where containing denials, will not suffice.
Clerk may not determine legal sufficiency of response; as demurrer on file, raising question that could be raised by answer, default void and court properly set it aside.