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REQUEST A DEFAULT JUDGMENT BY COURT

Ask the Court to Find in
More like this…
Your Favor Because the
Other Side Didn’t Respond Related Step by Step Guide
This Guide includes instructions and sample forms. The Guide • Request a Default
and related forms may be downloaded from: Judgment by the Clerk
www.saclaw.org/request-dj-court.

BACKGROUND
A defendant has 30 days from the date he or she is personally served with your summons and
complaint to file a written response (California Code of Civil Procedure (CCP) § 412.20(a)(3)). The
end of the 30 days is not an automatic cut-off; the court will still accept a response from the defendant
after 30 days, unless the plaintiff files a request for default. Once a default is entered, the defendant is
no longer able to file a response or otherwise participate in the case. When the default is entered, you
may also ask the court to enter a judgment in your favor.
You must request a default judgment by the court, rather than a default judgment by the clerk, if a
judge needs to rule on any issue raised in your complaint. Default judgments by the clerk are
available under limited circumstances, such as in a breach of contract case where the monetary
amount desired is specified in the complaint. See the Step-by-Step guide on “Request a Default
Judgment by the Clerk” on our website at www.saclaw.org/request-dj-clerk for more information.

STEP-BY-STEP INSTRUCTIONS
Step 1: Make Sure You’ve Met the Requirements for a Default
The defendant has 30 days from the date of personal service to file his or her response. If the
defendant was served by substituted service, service is considered complete on the 10th day after the
follow-up mailing required to complete substituted service (CCP § 412.20(a)), so, as a practical
matter, the default cannot be taken until more than 40 days have passed after this mailing. You must
wait until the defendant’s time to respond has passed before you file your request for default. The 30
days starts the day after personal service (or after substituted service is considered complete). If the
30th day falls on a weekend or holiday, the defendant has until the next business day to file a
response. You may not file your request for default until the 31st day.

Disclaimer: This Guide is intended as general information only. Your case may have factors requiring
different procedures or forms. The information and instructions are provided for use in the
Sacramento County Superior Court. Please keep in mind that each court may have different
requirements. If you need further assistance consult a lawyer.
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If your lawsuit is based upon a retail installment contract subject to the Unruh Act (Civil Code (Civ) §
1812.10), on a financed automobile subject to the Rees-Levering Motor Vehicle Sales and Finance
Act (Civ § 2984.4), or on a loan or other extension of credit primarily for personal or household use
(CCP § 395(b)), your complaint must provide facts showing that the case has been filed in the proper
superior court, and that the case is subject to one of the aforementioned laws. This information
should have been provided either as language included in your verified complaint, or in a stand-alone
declaration that was filed and served along with your complaint.
For these types of cases, if your complaint was not verified, and you did not file and serve a
declaration of venue along with your complaint, you must do so now. The court cannot make any
orders in this case until one of those two things happens. (CCP § 396a(a)). You can find a sample
Declaration of Venue on the Legal Forms page of our website at www.saclaw.org/forms.
The declaration of venue must be served upon the defendants like a Summons – in most cases this
means personal service. Service of the declaration of venue resets the defendant’s time to answer,
so you must wait another 30 days to allow the defendant to respond before proceeding with the
default.(CCP § 396a(a)).

Step 2: Decide How You Wish to Proceed

Obtaining a default judgment involves two steps: the request for entry of default and the request for
entry of court judgment. These steps both use the same form, so it is possible to request both at the
same time, or these steps may be done at different times. There are benefits to both methods; you
will need to choose the method that best suits your situation.
Request for Entry of Default. This request cuts off the defendant’s ability to file a response to the
lawsuit. Doing this step alone is useful if you want to prevent the defendant from filing a response, but
are not yet ready to provide the court with all the required information and documentation to enter a
judgment. You may also want to do this step alone if you have multiple defendants, and you are not
yet able to claim a default against some of them (for example, they have not all been served).
Request of Entry of Court Judgment. This step may be taken at the same time as your request for
entry of default, or at a later date. With this step, you are asking the court to enter a judgment in your
favor. Your request includes a declaration that details the evidence that proves why a judgment
should be awarded to you. This declaration can be quite long, and very time-consuming to write,
which is why many litigants choose to file it separately after they request the entry of default.
However, if you are ready to file both steps simultaneously, you will save a trip courthouse, and will
get your judgment sooner.

Step 3: Complete the Necessary Forms

The necessary forms will depend on how you’ve chosen to proceed. Instructions for completing these
forms are included at the end of this packet.
If you are asking only for the entry of default at this time you will If you are requesting only the
need: entry of default, skip to Step 6
• Request for Entry of Default (CIV-100) after completing this form.

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If you have already asked for the default, and are now applying for the judgment, OR if you are asking
for the default and judgment simultaneously, you will need:
• Request for Dismissal (CIV-110) (if you listed any “Doe” defendants in your complaint)
• Request for Entry of Default (CIV-100)
• Declaration re: Interest (MC-030) (see Step 5 for more information)
• Declaration In Support of Application for Default Judgment Pursuant to CCP §585(b) (see Step
4 for more information)
• Judgment (JUD-100)

Step 4: Complete Your Declaration in Support of Default Judgment

When you apply for your judgment, you must include a declaration in support of your application.
CCP § 585(d) provides that the court “may permit the use of affidavits, in lieu of personal testimony,
as to all or any part of the evidence or proof required or permitted to be offered, received, or heard…
The facts stated in the affidavit or affidavits shall be within the personal knowledge of the affiant and
shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn
as a witness, can testify competently thereto.”
You must provide clear and concise evidence of every element in each of your causes of action to
prove to the judge why a judgment should be awarded to you. For example, if your cause of action is
for negligence, you must prove:
• Element 1. That the defendant owed a duty to the plaintiff;
• Element 2. That the defendant breached that duty;
• Element 3. That you (the plaintiff) were harmed; and
• Element 4. That the defendant’s negligence was a substantial factor in causing your harm.
The official California Civil Jury Instructions (CACI) provide plain-English explanations of the elements
of almost every cause of action. The Legal Resource Guide on Jury Instructions on our website at
www.saclaw.org/jury-instructions describes how to use jury instructions as a checklist for gathering
evidence. You may also wish to consult these Law Library resources for information on how to prove
the elements of various causes of action:
California Causes of Action KFC 1003 .C35

California Elements of an Action KFC 1003 .S74

Electronic Access: On the Law Library’s computers, using WestlawNext.
In your declaration, you must also prove the amount of money or other remedies you should be
awarded. You must provide the facts and evidence you relied upon when determining the amount you
are owed.

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At the end of this guide is a sample declaration. You may
download a customizable template from this link:
• Declaration In Support of Application for Default
Judgment Pursuant to CCP §585(b)
or you may use Declaration (MC-030) and attach
Attachment to Judicial Council Form (MC-025), if you need
additional pages.
Ideally, this declaration will replace an in-person hearing
with the judge. You must provide the judge with all the
information necessary to rule in your favor. In order to fully
prove your case to the judge, you will likely need to attach
exhibits to your declaration, such as receipts, contracts,
police reports, etc.
A sample declaration is included in this Guide. You may
use it as an example of the types of information to include, and the amount of detail the court will
want from you. You will need to adapt the language to fit your own facts and circumstances.
Attaching Exhibits
In Sacramento County, the exhibits
in one set of photocopies must be
separated by a rigid sheet of card
stock with a tab identifying the letter
of the exhibit on the bottom. The
Law Library sells exhibit tabs at the
Circulation Desk.
Exhibits for the original and other
two copies should be separated by
a blank piece of pleading paper
with their exhibit letter or number
typed or written at the bottom of the
page.

Step 5: Calculate Prejudgment Interest, if Appropriate

When you apply for your judgment, you will need to ask for pre-judgment interest, if appropriate. Civ
§§ 3287-3291 allow for pre-judgment interest in certain situations:
• In cases where there are “damages certain” (damages in a known amount) or damages that
are easily calculated. These are typically the “special damages” in a case, such as out-of-
pocket expenses for property damage, medical bills, etc. Interest on these damages may begin
to accrue from the day the right to recover was vested in the plaintiff. This is usually the date of
injury or the date the contract was broken, etc. (Civ § 3287(a));
• In contract cases where there are “unliquidated damages.” These are damages that cannot be
easily calculated, and must be determined by a judge or jury. The court may, at its discretion,
order pre-judgment interest, but cannot set the date from which interest began to accrue earlier
the date the action was filed. (Civ § 3287(b));
• In cases for non-contractual obligations, and in cases of oppression, fraud and malice,
prejudgment interest may be awarded at the discretion of the court. (Civ § 3288);
• In personal injury cases, if the plaintiff makes a good faith offer under CCP § 998 which is not
accepted, and then receives a more favorable judgment, interest on the judgment begins to
accrue from the date of the settlement offer. This situation is unlikely in a default case. (Civ §
3291).
In most cases, pre-judgment interest accrues at the legal rate of 10% per year. In breach of contract
cases, pre-judgment interest will accrue at the rate of interest specified in the contract; if no rate is
specified, interest will accrue at 10% per year. Civ § 3287(c) caps pre-judgment interest in cases
against a government entity at 7% per year.

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To calculate your pre-judgment interest, you will need to determine the daily rate of interest and
multiply that by the number of days for which interest should accrue. For example, if a judgment of
$15,000 is awarded 200 days after the date of injury, the calculation of prejudgment interest would
be:
$15,000 x 10% = $1500 interest per year
$1500 ÷ 365 = $4.11 interest per day
$4.11 x 200 = $822 prejudgment interest
You may use the judgment calculator at www.judgmentcenter.com/Calculator.htm to determine the
amount of interest. When using this calculator, enter the date the contract was breached in the field
for “date judgment was entered.” This will calculate interest from that date to the date you run the
calculation. The calculator will show you the daily interest rate, which you can use if you need to
adjust your calculations.
To claim pre-judgment interest, you will need to prepare a declaration to the court, detailing the
amount of prejudgment interest owed, and showing how you calculated that amount. If your case
does not involve damages certain, you can base your interest calculations on the amount you’re
asking the court to award. If the court awards a different amount, interest can be re-calculated.
You may type your Declaration re: Accrual of Interest on 28-line pleading paper, which may be
downloaded for free from the Law Library’s website, pre-formatted for the Sacramento County
Superior Court, at www.saclaw.org/pleading-paper-sacramento, or you may use Declaration (MC-
030).
A sample using Declaration (MC-030) is included in this Guide, which you can adapt to fit your own
facts and circumstances. If you type your declaration on pleading paper, you must include the
declaration under penalty of perjury clause, “I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.”

Step 6: Copy and Assemble Your Documents

If you are asking only for the entry of default at this time, make three (3) copies of:
• Request for Entry of Default (CIV-100)
If you have already asked for the default, and are now applying for the judgment, OR if you are asking
for the default and judgment simultaneously, make three (3) copies of each:
• Request for Dismissal of Doe Defendants (CIV-110) (if applicable)
• Request for Entry of Default (CIV-100)
• Declaration in Support of Application for Default Judgment Pursuant to CCP § 585(d)
• Declaration re: Accrual of Interest (MC-030)
• Judgment (JUD-100)
Staple each photocopy, but leave the originals unstapled. The originals will be scanned into the
court’s filing system, and the staple will damage the scanner. Set aside one photocopy of each
document for service on the other party. For the remaining copies of each document, place the
original on top of its photocopies, and paperclip them together.

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Step 7: Have Your Documents Served

You must have someone over the age of 18 who is not a party in the case mail a set of the
photocopies you made in Step 6 to the defendant. This person must then complete a Proof of Service
by Mail (POS-030). Make two photocopies of the signed proof of service. See the Step-by-Step guide
on Serving Documents by Mail on our website at www.saclaw.org/pages/pos-mail.aspx for more
information.

Step 8: File Your Documents

You must file the original document(s) and 2 photocopies you made in Step 6, along with the original
proof of service and 2 photocopies you made in Step 7.
When you file your request for entry of default, whether as a stand-alone document or along with a
request for judgment, Sacramento County Local Rule 2.34(c) requires you to submit either the
original Summons (SUM-100) and Proof of Service (POS-010) (if you have not yet filed those), or
filed endorsed (stamped) copies of those documents if they were previously filed. If you do not have
filed endorsed copies of these documents, you may download them from the court’s fee-based Public
Case Access System, accessible online at services.saccourt.ca.gov/PublicCaseAccess/, or for at the
kiosks at the courthouse.
File your documents in the drop box in Room 102 in the Sacramento Superior Court at 720 Ninth
Street. Fill out and attach the Civil Document Drop-Off Sheet, and date stamp the back of the original
packet. A supply of Civil Document Drop-Off Sheets and a date stamp are located near the drop box.

Step 9: Attend the Default Hearing, if Required

Typically, the court will review the materials you submit, and will grant your judgment (or reject it and
request additional evidence) based on the paperwork. If, after reviewing the materials you submit, the
court determines that personal testimony is required, you will be notified by the court of the hearing
date. Be sure to attend the hearing, and bring with you any documents or other items that you believe
support the claims made in your complaint.

Step 10: Serve Judgment

The court will mail you a signed copy of your judgment. Make one photocopy of this judgment, and
have it served on the defendant. You must have someone over the age of 18 who is not a party in the
case mail a copy of the judgment to the defendant. This person must then complete a Proof of
Service by Mail (POS-030). Make a photocopy of the signed proof of service, and file it with the court.
See the Step-by-Step guide on Serving Documents by Mail on our website at
www.saclaw.org/pages/pos-mail.aspx for more information.

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FOR HELP
Sacramento County Public Law Library Civil Self Help Center
609 9th Street, Sacramento 95814
www.saclaw.org/pages/civil-self-help-center.aspx
Services Provided: The Sacramento County Public Law Library Civil Self Help Center provides
general information and basic assistance to self-represented litigants on a variety of civil legal issues.
Appointments will be made beginning at 8:30 a.m. Patrons who are present at 8:30 a.m. will be
entered into a random drawing to determine the order their case will be evaluated. If an appointment
is appropriate, it will be made for later in the day. You are encouraged to arrive by 8:25 a.m. to
participate in the appointment setting drawing.
Eligibility: Must be a Sacramento County resident or have a qualifying case in the Sacramento County
Superior Court.

FOR MORE INFORMATION

At the Law Library:
Win Your Lawsuit KFC 968 .Z9 D86 (Self Help) Chap. 9
Electronic Access: From any computer (Library or home) via the Legal Information Reference Center.
Instructions are available on our website at www.saclaw.org/nolo-ebooks.

California Forms of Pleading and Practice KFC 1010 .A65 C3 (Ready Ref) Chap. 165
Electronic Access: On the Law Library’s computers, using the Matthew Bender CD.
California Civil Procedure Before Trial KFC 995 .C34 Chap. 38
Electronic Access: On the Law Library’s computers, using OnLaw.

IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE
MATERIALS LISTED, DON’T HESITATE TO ASK A REFERENCE LIBRARIAN.
H:\public\LRG-SBS\SbSs\Default Judgment by Court\SBS Default by Court.docx 1/16 pe/mpj

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ATTACHMENTS: FORMS AND INSTRUCTIONS

The Judicial Council forms commonly used in this procedure are:
• Request for Dismissal (CIV-110)
• Request for Entry of Default (CIV-100)
• Declaration re: Interest (MC-030)
• Judgment (JUD-100)
In addition, one of the relevant documents must be typed on 28-line pleading paper. A customizable
template may be downloaded from this link:
• Declaration In Support of Application for Default Judgment Pursuant to CCP §585(b)
Sample filled-in forms with instructions are available at the end of this Guide.

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Your name, address, and phone

number. “In Pro Per” means you
are representing yourself.

Court name, address,

and branch.

Date your complaint Your name and the defendant’s name

was filed; Your name as they appear on the complaint.
exactly as it appears Case Number
on the Complaint.

Check “Entry of Default” and/or “Court Judgment,”

depending on what you are requesting.

If requesting only a default, check box next to 1c and insert name

of defendant(s). If requesting only a judgment, check box next to
1d and insert name of defendant(s). If asking for both, check both
1c and 1d and enter the defendant(s) name(s) for both questions.

If asking for a
judgment, enter
the amounts you
are requesting. If
not asking for a
judgment at this
time, leave these
blank.

Print Name and Date Signature

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Your name and the defendant’s name as they appear on the complaint Case Number

Check “did not”

Check
appropriate
boxes in
5a, b, and c

Check box next to 6b and insert date of mailing,

name of defendant, and address where served.

Print name and date Signature

If requesting a judgment, enter the

details of the costs you claimed in
question 2d on the previous page. If
requesting only a default, leave this
question blank.

Print name and date Signature

Print name and date Signature

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Check box, unless the defendant is in the military. If the defendant is on
active military duty and has not responded to your complaint, the court must
www.saclaw.org/request-dj-court
appoint an attorney to represent the defendant before the case can proceed.
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Your name, address, and phone
number. “In Pro Per” means you
are representing yourself.

Court name, address, and branch.

Your name and the defendant’s name

as they appear on the complaint. Case Number

Check “Without prejudice.” This means that

you could re-file your case against this
Check if defendant if necessary. “With prejudice” would
your court prevent you from re-filing in the future.
fees were
waived. If
so, you must Check “Other” and “DOES 1 to x ONLY”
complete the
declaration
on the next
page.

Sign and check “Plaintiff”

Print your name and date;
check “Party Without Attorney”

This portion of the form is for use in a

different type of situation; leave it blank.

You will use this form to dismiss

any Doe defendants you listed in
your complaint. If you did not list
any Doe defendants, you do not
need this form.

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Your name and the defendant’s name as they appear on the complaint
Case Number

Name of person whose fees were waived

Mark box 2a

Signature

Print name and date; check “Party Making Declaration

If your filing fees were waived, you

must complete this page of the form.
If your fees were not waived, you do
not need to complete the second
page of this form.

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Your name, address, and phone

number. “In Pro Per” means you
are representing yourself.

Case Number

Your name and

the defendant’s
name as they Insert name of
appear on the document.
complaint.

Provide a detailed description of your

case, so the judge understands the facts.

Insert name of
document in footer.

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Be sure to clearly
describe any
Exhibits you are
attaching to this
declaration.

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Explain what you are asking the court to award.

You must include

the declaration
under penalty of
perjury clause.

Signature
Date

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Make an Exhibit page for each document you

reference as an Exhibit in your Declaration in
Support of Default Judgment.

Important: Sacramento County Superior Court

requires that the Exhibit pages in one of your
sets of copies be on a rigid sheet of card stock
with a tab identifying the letter of the exhibit on
the bottom. Exhibit pages for the original and
other copies may be on pleading paper with
“Exhibit A” typed on the bottom, above the footer.

Note: The Law Library sells card stock and tabs

at the Circulation Desk.

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Your name, address, and phone

number. “In Pro Per” means you are
representing yourself.

Court name, address,

and branch.

Your name and the defendant’s name

as they appear on the complaint.

Case Number

Print name and date.

Sign and mark box.

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Your name, address and

phone number. “In Pro Per”
means you are representing
yourself.

Court name, address,

and branch.

Check “By Court”

and “By Default” Your name and the defendant’s name as they appear on the complaint.

Case Number

Check 1, “By Default,”

1e, “Court Judgment,”
& 1e(2), “plaintiff’s
written declaration.”

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Your name and the defendant’s name as they appear on the complaint

Case Number

Check “The Court”

Check 5a and insert
your name and the
Defendant’s name
as they appeared
on the Complaint.

Check 6a, 6(1),

6(2), and 6(4)
and insert
amount of
damages
demanded in
the Complaint,
interest, and
amount of costs
expended.
Enter total by
6(6).

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