Unlawful Detainer: Can I file for default judgment after demurrer to complaint is overruled?

Asked over 1 year ago - Orange, CA

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?

Attorney answers (4)

  1. Caroline Victoria Tucker

    Contributor Level 7

    1

    Lawyer agrees

    1

    Answered . 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!

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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... more
  3. Richard C Koman

    Contributor Level 13

    1

    Lawyer agrees

    1

    Answered . 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.

    Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No... more
  4. Michael Raymond Daymude

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,500 answers this week

3,170 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,500 answers this week

3,170 attorneys answering