What is the test for a plaintiff to obtain default judgment against a defendant who is in default?

California, United States of America


The following excerpt is from WATERS v. Fid. CAPITAL MORTGAGE, B224016, No. BC398974 (Cal. App. 2011):

A defaulting defendant confesses the material allegations of the complaint. (Johnson v. Stanhiser (1999) 72 Cal.App.4th 357, 361.) "'[W]here a cause of action is stated in the complaint and evidence is introduced to establish a prima facie case the trial court may not disregard the same, but must hear the evidence offered by the plaintiff and must render judgment in his favor for such sum . . . as appears from the evidence to be just. [Citations.]' [Citation.]" (Id. at pp. 361-362, italics omitted.)

A plaintiff must prove her right to relief by introducing sufficient evidence to support her claims. Courts may accept declarations in lieu of personal testimony at a default prove-up hearing, but the declarations must state facts "with particularity," must be based on the personal knowledge of the declarant, and must affirmatively show that the declarant is competent to testify to such facts. (Code Civ. Proc., 585, subd. (d).) If the plaintiff fails to submit evidence supporting her claims, the trial court may refuse to grant default judgment or award the amount requested, even though the defendant is in

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default and is not present to contest the evidence. (Taliaferro v. Hoogs (1963) 219 Cal.App.2d 559, 560.)

A plaintiff who has requested default judgment may appeal from the judgment. (Johnson v. Stanhiser, supra, 72 Cal.App.4th at p. 361.) We interfere with the trial court's default judgment only if the damages award is "'totally unconscionable and without evidentiary justification.'" (Ibid.)

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