Procedural steps if a defendant fails to answer in California

Direct answer: If a California civil defendant fails to timely answer or otherwise respond after proper service, the plaintiff’s next procedural step is to request entry of the defendant’s default, followed by seeking a default judgment—either by the clerk or by the court, depending on the case and relief sought.

Overview of the Default Process in California

1. Confirm Expiration of the Time to Respond

A defendant generally has 30 days after service of the summons and complaint to file an answer or other responsive pleading. Once that deadline passes with no response, the defendant is subject to default.

2. Request Entry of Default

The plaintiff initiates default by filing a Request for Entry of Default (Judicial Council Form CIV‑100) with the clerk. This filing asks the court to formally note that the defendant has failed to respond and to cut off the defendant’s right to answer absent relief from default.[1][2]

Key requirements at this stage include:

Proof of proper service of the summons and complaint.
Exact matching of the defendant’s name as pleaded and as served.
Compliance with statutory affidavits required by Code of Civil Procedure section 585.5 (e.g., venue and statutory applicability declarations).[3]

Once entered, the default precludes the defendant from filing any further pleadings without court permission.

3. Seek Default Judgment (Clerk or Court)

After default is entered, the plaintiff may seek a default judgment. Entry of default and default judgment may be requested simultaneously or in two steps.[4]

a. Clerk’s Default Judgment

A clerk may enter judgment in limited circumstances, such as when:

The action is based on a contract or judgment;
The damages are for a sum certain or readily calculable; and
No judicial discretion is required.[1][5]

These procedures are governed primarily by Code of Civil Procedure section 585(a).

b. Court Default Judgment

In all other cases—such as those involving unliquidated damages, personal injury, or equitable relief—the plaintiff must apply for a court-entered default judgment under Code of Civil Procedure section 585(b)–(d).[6]

The application must comply with California Rule of Court 3.1800, which requires declarations and evidence establishing:

Liability;
The amount of damages;
Interest calculations;
Costs;
A declaration of non‑military status for each defaulted defendant; and
A proposed judgment.[7]

The court may set a prove‑up hearing to determine damages or other relief.

4. Special Statutory and Procedural Considerations

Military status: Federal law requires disclosure of whether the defendant is on active military duty before a default judgment may be entered.[4][7]
Unlawful detainer and specialized actions: Additional or alternative forms and procedures apply (e.g., Code of Civil Procedure sections 1169, 1174).
Relief from default: A defendant may later seek to set aside the default or default judgment under specified statutes, including Code of Civil Procedure section 585.5(b), if statutory requirements were not met.[3]

Practical Effect

Once default is entered, the plaintiff proceeds toward judgment without opposition, but must still prove entitlement to the relief requested. Default does not automatically entitle the plaintiff to damages beyond those properly pleaded and supported by evidence.