Substantive Law Study Support

California Procedures

Chapter 3 -

Default by Defendant

 

First Read:

• Companion Ch. 8
• LBTN Ch. 3

 

Introduction

Unless an extension of time is obtained from opposing counsel (via stipulation) or granted by court order, the defendant has 30 days from the effective date of service of the summons and complaint to plead or otherwise take steps to defend against the action. When the defendant fails to do so, the plaintiff must start the process to enter the defendant’s default and obtain a default judgment against the defendant, or risk the imposition of sanctions. This chapter discusses the procedures for doing so.