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

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?

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Posted

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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Posted

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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Posted

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.

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Posted

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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Posted

Turns out the clerk took the default.

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