PRETRIAL ADJUDICATION
...Default
......Default Judgment
.........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.