Code of Civil Procedure § 1169

Default, entry; Application for relief

If, at the time appointed, any defendant served with a summons does not appear and defend, the clerk, upon written application of the plaintiff and proof of the service of summons and complaint, shall enter the default of any defendant so served, and, if requested by the plaintiff, immediately shall enter judgment for restitution of the premises and shall issue a writ of execution thereon. The application for default judgment and the default judgment shall include a place to indicate that the judgment includes tenants, subtenants, if any, named claimants, if any, and any other occupants of the premises. Thereafter, the plaintiff may apply to the court for any other relief demanded in the complaint, including the costs, against the defendant, or defendants, or against one or more of the defendants.

History

Enacted 1872. Amended Stats 1933 ch 745 § 10; Stats 1951 ch 1737 § 159, operative January 1, 1952; Stats 1982 ch 1620 § 1; Stats 1986 ch 953 § 5; Stats 1987 ch 768 § 1; Stats 1990 ch 1535 § 2.6 (SB 2508); Stats 1991 ch 57 § 5 (SB 323), effective June 14, 1991; Stats 2007 ch 263 § 13 (AB 310), effective January 1, 2008.

CCP 1169