CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Defaults/Affidavits
.........Default Judgments
 17 Cards On This Topic:
  • Default judgments authorized. Relief granted may not exceed amount stated in complaint.
  • Defaulting party's signature must be notarized on MSA or stipulated judgment.
  • Procedures for entry of default.
  • Request to enter default; forms.
  • Failure to enter notice of trial into evidence, as required by CCP §594 (b) is harmless error.
  • Trial court did not abuse its discretion in denying D's motion to vacate default judgment re parentage and c/s because he did not establish any grounds for invoking the court's equitable power to vacate it.
  • Default improperly entered while writ seeking appellate review was pending.
  • Default judgment not void for lack of notice [for petition not listing property] where H appeared by filing a response listing assets and debts, and had notice of those disposed of in the default by being served with W's two prelim. decs.
  • Parents' default should have been set aside where actor son who sued them for appropriating his earnings did not give them adequate notice of damages prior to entry of default.
  • Mailing address cannot be marked "unknown" for purposes of CCP 587 merely because personal service could not be effected at that address; default should have been set aside as defective affidavit of mailing was prejudicial to D.
  • Default only confesses allegations in “well pleaded” complaint; relief limited to that supported by properly pled causes of action.
  • Default set aside where P did not put D on notice of the amount of money she sought in the action; P allowed to amend to allege amount sought.
  • Default judgment for unpaid atty fees void on the face of the record because it granted relief exceeding what was demanded in the complaint.
  • In default cases, court can only divide property listed on Petition.
  • Spousal support may be awarded in default cases when both sides appear at hearing, even if not requested in pleadings.
  • Default judgment of dissolution set aside where petition only requested legal separation.
  • Setting aside default judgments.


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