What Is a Default Judgment in California? | McLellan Law

mclellanlawgroupllp • September 8, 2026
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What Is a Default Judgment in California?

If you have been sued in California and do not respond in time, the plaintiff can obtain a judgment against you without ever presenting the case to a judge or jury — this is a default judgment. Understanding what a default judgment is, how it is entered, and how it can be set aside is essential whether you are a plaintiff seeking to enforce a claim or a defendant who missed a deadline.

What Is a Default Judgment?

A default judgment is a judgment entered against a defendant who fails to file a timely response to a complaint. In California, a defendant generally has 30 days after being served with the summons and complaint to file an answer, demurrer, or other responsive pleading. If the defendant fails to do so, the plaintiff may request entry of the defendant's default and, ultimately, obtain a judgment without a trial on the merits.

Concrete example: A Santa Clara County business is sued for an unpaid invoice and, believing the claim to be meritless, ignores the summons entirely rather than filing a response. Thirty-five days later, the plaintiff requests entry of default. Because the amount is a liquidated sum stated in the contract, the plaintiff obtains a default judgment — including interest and costs — without ever appearing before a judge. The business now owes the full judgment and must move quickly to determine whether grounds exist to have it set aside.

"A default judgment is not a judgment on the merits — it is a consequence of not responding. That distinction matters enormously when evaluating whether it can be undone."

How a Default Judgment Is Entered in California

Entering a default judgment in California is a two-step process. First, once the defendant's time to respond has expired, the plaintiff requests entry of default from the court clerk. Second, the plaintiff must apply for entry of judgment. The procedure for this second step depends on whether the claim is for a liquidated sum — a specific, calculable amount, such as an unpaid contract balance — or an unliquidated claim, such as damages for personal injury or breach of a contract without a fixed price term.

For liquidated claims, the clerk can often enter judgment directly based on the plaintiff's declaration. For unliquidated claims, the plaintiff typically must submit a request for a court judgment supported by a declaration or, in some cases, present evidence at a default prove-up hearing before a judge.

Setting Aside a Default Judgment Under CCP Section 473

California Code of Civil Procedure section 473 allows a defendant to move to set aside a default judgment on grounds of mistake, inadvertence, surprise, or excusable neglect. This motion must generally be filed within a reasonable time, not to exceed six months after the judgment was entered. Courts apply a policy favoring resolution of cases on their merits, and relief under section 473 is often granted where the defendant acted diligently once discovering the default.

Section 473 also provides for mandatory relief, without regard to the underlying reason, where the default resulted from the attorney's own mistake, inadvertence, surprise, or neglect and the attorney submits an affidavit accepting responsibility — a provision intended to prevent an innocent client from bearing the consequence of their attorney's error.

The Extrinsic Fraud Exception

When the six-month deadline under section 473 has passed, a defendant may still have a remedy if the default judgment was obtained through extrinsic fraud or extrinsic mistake — circumstances that prevented the defendant from having a fair opportunity to appear and defend the case at all. Improper service of the summons and complaint, where the defendant never actually received notice of the lawsuit, is a common basis for this equitable exception. A motion based on extrinsic fraud is not subject to the same strict six-month deadline, though it still must be brought within a reasonable time after discovery.

Enforcing and Being Subject to a Default Judgment

Once entered and no longer subject to being set aside, a default judgment is enforceable in the same manner as any other California civil judgment. Common enforcement tools include wage garnishment, levies against bank accounts, and judgment liens recorded against real property owned by the judgment debtor.

Before pursuing a default judgment, a plaintiff should realistically assess the defendant's ability to satisfy the judgment — a judgment against a defendant with no attachable assets may have limited practical value. McLellan Law Group represents clients in Saratoga, San Jose, Cupertino, Los Gatos, and throughout Silicon Valley and Santa Clara County in both obtaining and challenging default judgments.

Frequently Asked Questions

A default judgment is entered when a defendant fails to respond to a lawsuit within the required time, allowing the plaintiff to obtain an enforceable judgment for damages, interest, and costs without the defendant's participation.
The plaintiff first requests entry of default from the court clerk after the defendant fails to timely respond, then applies for entry of judgment, which differs depending on whether the amount sought is liquidated or unliquidated.
Yes — under Code of Civil Procedure section 473, a defendant can move to set aside a default judgment by showing mistake, inadvertence, surprise, or excusable neglect, typically within six months of entry. Courts favor resolution of cases on the merits and often grant relief when the defendant acts promptly after learning of the default.
Extrinsic fraud occurs when a party is prevented from participating in a case altogether, such as through improper service. A default judgment obtained through extrinsic fraud can be set aside beyond the standard six-month deadline under an equitable exception.
A default judgment can be enforced through wage garnishment, bank account levies, and liens against real property, subject to the judgment debtor's ability to satisfy the judgment. A business litigation attorney in Saratoga can advise on the most effective enforcement strategy for a specific case.

ADVERTISING MATERIAL DISCLAIMER — This communication is an advertisement for legal services by McLellan Law Group, LLP. The content is intended for informational purposes only and should not be construed as legal advice. Each case and its facts are unique, and the outcomes mentioned in this advertisement, if any, are not guarantees of future results. Responsible Lawyer: Claire Melehani, Esq., 20665 4th Street, Suite 202, Saratoga, CA 95070.

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