Can a trial court enter a default judgment in a marital dissolution action?

California, United States of America


The following excerpt is from Hollingsworth v. Hollingsworth, B257681 (Cal. App. 2016):

A trial court may enter a default judgment in a marital dissolution action (In re Marriage of Khan (2013) 215 Cal.App.4th 1113, 1117 (Khan); 2336, subd. (a)), but only if the court (1) "require[s] proof of the grounds alleged" either by live witnesses or by affidavit ( 2336, subd. (a)), and (2) awards relief that does not "exceed that demanded in the complaint" (Code Civ. Proc., 580, subd. (a); Dhawan v. Biring (2015) 241 Cal.App.4th 963, 968 (Dhawan) ["section 580, subdivision (a), limits a trial court's jurisdiction to grant relief on a default judgment to the amount stated in the complaint"].)

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