However, you should keep two things in mind. A court can enter a default for the defendant not providing further responses to discovery, for discovery abuses or for conduct violating local court rules. Getting a default is not just limited to situations where a defendant does not respond. When this happens, a defendant is “in default,” and the plaintiff can take the first step to obtain an entry of default against the defendant. Typically, the default process begins when the defendant has not responded to a properly served summons and complaint. What follows is a general overview on what you should consider when obtaining a default judgment on your client’s behalf. Failing to follow just one of these rules will permit the defaulting party to set aside any default judgment obtained. The procedures by which default judgments may be obtained implicate a vast – and somewhat arcane – complex set of rules. Notwithstanding these benefits, seeking default judgment is no easy task. (1984) 155 Cal.App.3d 381, 385-86.) Most importantly, however, a default judgment provides your client the opportunity and ability to preserve all relief sought against that party. In California, entry of default completely cuts off a party’s right to appear in the action ( e.g., take discovery, file motions other than a motion for relief from default or contest the material allegations of the complaint for purposes of the action). Obtaining default against a party that has chosen to simply ignore your client’s lawsuit provides your client with many procedural advantages. The first step to preserve your client’s rights is to obtain a default judgment. As a result, it is critical to know what procedures we must follow in order to preserve our clients’ rights. In these tough economic times, more and more companies are finding it easier to simply ignore litigation rather than face huge costs and expenses fighting lawsuits.

Notice of default template california