Can a default judgment be obtained against a defendant who has not pleaded guilty to a properly pleaded complaint?

California, United States of America


The following excerpt is from Shahbazi v. Kabir, G047361, G047773 (Cal. App. 2013):

the default confesses those properly pleaded facts, a plaintiff has no responsibility to provide the court with sufficient evidence to prove them - they are treated as true for purposes of obtaining a default judgment. [Citation.] But that is all the default does. There is no penalty for defaulting. ' A defendant has the right to elect not to answer the complaint. [Citation.] . . .' [] And if the well-pleaded allegations of the complaint do not state any proper cause of action, the default judgment in the plaintiff's favor cannot stand." (Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267, 281-282, second italics added.)

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