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Lesson 6:
Pretrial Through Postrial Procedures
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§6.06 Default and Default Hearing |
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If a defendant in a UD action fails to respond on time to a properly served summons and complaint, the plaintiff may file a request for a default with proof of service, and the court clerk must enter the default. Then, if requested by the plaintiff, the clerk must immediately enter judgment for restitution of the premises and a writ of execution on the judgment. [See CCP §1169.] For a party’s declaration for default judgment by the court, see form UD-116. The plaintiff may then apply to the court for any other relief demanded. Local practice dictates whether the plaintiff must produce witnesses or may proceed with declarations at a default hearing. [See CCP §585(b), (d).] In either case, the plaintiff has the burden of proving all of the essential allegations for the requested relief. [See EC §500.] | |
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