Defendant failed to "answer only within 5 days" as requested by judge after demurrer was overruled. Do I file a standard judgment for default (UD-110) or is there another form I need to file?
It depends. If you want a money judgment, in addition to possession, you will have to prepare the declaration re default (UD-116) to obtain a court judgment in addition to UD-110.
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If you want a money judgment yes you have to file a declaration which is a judicial counsel form. You can file your request for default for possession first and associated documents and that usually goes faster than getting a judgment for possession and monetary damages. After getting judgment for possession you can ask for the monetary judgment. Also be sure to check the courts website for any local forms. Good luck!
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If the 5 days have already expired, you can submit a request for entry of default and for default judgment.
I suggest seeking a default judgment by clerk for possession only first. You can always submit a request for default judgment by court to obtain your money damages later.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
there are several forms you need but first since there was an appearance it's possible the clerk may not take a default and you may have to go in for ex parte order for default. then you need request for default and default judgment form, judgment, dismiss the does if any, and the writ.
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