What happens after a request for default judgment is filed in CA?

When a Request for Default Judgment is filed in a California civil case in the Orange County Superior Court, the court process follows the procedures set out in the California Code of Civil Procedure and the California Rules of Court, as supplemented by Orange County local rules.

1. Entry of Default (First Step)

When a defendant fails to respond within the time allowed by law (typically 30 days after service of the summons and complaint), the plaintiff may request entry of the defendant’s default under Cal. Code Civ. Proc. § 585. This is done by filing form CIV‑100: Request for Entry of Default (Application to Enter Default).[1][3]

Once the clerk verifies that:

Proof of proper service of summons was filed, and
The time for response has expired,

the clerk will enter the defendant’s default. This precludes the defendant from further defending the action unless the default is set aside.

The plaintiff must file the Request for Entry of Default within 10 days after the defendant’s deadline to respond passes.[2]

2. Entry of Default Judgment (Second Step)

After the default has been entered, the plaintiff can request the default judgment itself. There are two types of default judgments:

A. Clerk’s Default Judgment

Under Cal. Code Civ. Proc. § 585(a), the court clerk may enter judgment if:

The case is based on a contract or other written instrument for a sum certain,
The amount due can be determined from the face of the complaint and attached documentation, and
The relief sought is for a fixed amount or easily calculable sum.

Typical examples include open book accounts, promissory notes, or collection cases. In these cases, once the clerk verifies the amount and the documents are in order, judgment may be entered immediately following entry of default without a hearing.[3]

B. Court Default Judgment

If the relief is not for a sum certain—such as personal injury, property damage, or equitable relief—the case must proceed to a court default judgment hearing under Cal. Code Civ. Proc. § 585(b). The judge reviews declarations, exhibits, and evidence to determine whether the claimed damages are supported. The hearing will occur unless the clerk processes and enters the judgment before the court date.[3]

Under Cal. Rules of Court, rule 3.1800, a party seeking default judgment based on declarations must file:

A case summary identifying the parties and nature of the claim;
Declarations or admissible evidence supporting the judgment requested;
Computation of interest, as needed;
A memorandum of costs and disbursements; and
A proposed judgment.[1]

3. Orange County Local Rule 384 — Default Judgments

Per Orange County Superior Court Local Rule 384, all default judgment applications and supporting documents must comply with statewide procedure and be filed at the Justice Center where the case is assigned.[4] The request will be reviewed by the Default Department. If the submission is complete, the clerk or judge enters judgment without a hearing. If deficiencies exist, the court may issue a notice of rejection or set the matter for a prove‑up hearing.

Attorney fees on default judgments are subject to Orange County Local Rule 366, which provides a schedule of presumptive fees based on the amount of the judgment.[4]

4. Effect and Next Steps

Once the default judgment is entered:

It has the same force as any final civil judgment.
The plaintiff may take enforcement actions (e.g., wage garnishment, bank levy) under Cal. Code Civ. Proc. §§ 699.510–699.720.
The defendant’s recourse is to file a motion to set aside the default or judgment under Cal. Code Civ. Proc. § 473(b) or § 585.5 if they can show mistake, inadvertence, surprise, or excusable neglect.

Summary:

In Orange County civil litigation, filing a Request for Default Judgment (after proper service and time lapse) can result in:

Immediate clerk entry if for a fixed amount under a contract, or
Judicial review and hearing if the damages are uncertain or require proof.

Proper documentation under Rule 3.1800 and Orange County local rules is crucial for successful processing.