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Civil Litigation,
California Supreme Court

Jan. 13, 2021

New limit on entry of judgment by default

The California Supreme Court’s latest opinion on the subject further limits the entry of judgment by default.

Michael R. Sohigian

Michael is an attorney in Beverly Hills.

Default is a sensitive subject, not just for litigants but for the courts. Default aggravates defendants who have either failed to answer or had their defaults entered as a discovery sanction, and plaintiffs who must comply strictly with procedures intended to safeguard due process. And default strikes at the jurisdictional power that is the core of the court's authority. Proper service of summons is enough to support jurisdiction, but courts must be careful in awardi...

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