Skip to main content

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?

+ Read More

Attorney answers 4


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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


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 fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship


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 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.

Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No attorney-client relationship is created, and you should not take or fail to take actions based on my answers. Consult an attorney in your area. Time is often of the essence. Act quickly!



Turns out the clerk took the default.

Landlord-tenant topics

Recommended articles about Landlord-tenant

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer