Amended in Senate May 14, 2013

Senate Bill No. 702

Introduced by Senator Anderson

February 22, 2013

An act to add Section 585.1 to the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

SB 702, as amended, Anderson. Application for entry of default judgment.

Existing law provides that a default judgment may be taken upon written application of the plaintiff if the defendant fails to answer the complaint, as specified. Existing law also authorizes the court to permit the use of affidavits, in lieu of personal testimony, as to all or any part of the evidence or proof required or permitted to be offered in those cases.

This bill would require the plaintiff’s application for entry of a default judgment to include specified information, and would authorize a party that has been permitted by the court to use affidavits in lieu of personal testimony to use affidavits to comply with those requirements begin insert , as specified end insert .

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 585.1 is added to the Code of Civil
Procedure, to read:

585.1.  

(a) A plaintiff applying for entry of a default judgment
pursuant to begin insert subdivision (a) of end insert Section 585 shall include in the
application all of the following:

(1) The name of the plaintiff.

(2) A statement that the plaintiff is the sole party entitled to the
money or damages at issue, or has authority to assert the rights of
all parties entitled to the money or damages at issue.

begin delete

(3) The original or a copy of the written agreement giving rise
to the claim for money or damages, or the original or a copy of
any other document demonstrating that the defendant agreed to,
or otherwise incurred, the obligation giving rise to the claim for
money or damages.

(4)

end delete

begin insert (3) end insert  The amount of money or damages sought begin insert and the basis
therefor end insert .

begin delete

(5)

end delete

begin insert (4) end insert  The amount of costs, if any, sought and the basis therefor.

begin delete

(6)

end delete

begin insert (5) end insert  The amount of attorney’s fees, if any, sought and the basis
therefor.

begin delete

(7)

end delete

begin insert (6) end insert  A proof of service of summons for each party to be included
in the default judgment.

begin delete

(8)

end delete

begin insert (7) end insert  A request to enter default, if not already filed, pursuant to
Rule 3.1800 of the California Rules of Court.

begin delete

(9)

end delete

begin insert (8) end insert  A proposed form of judgment.

begin delete

(10)

end delete

begin insert (9) end insert  Any other information begin insert or documentation end insert required by the
court begin insert or under any other provision of law end insert .

(b) A party seeking the entry of a default judgment pursuant to
subdivision begin delete (d) end delete begin insert (a) end insert of Section 585 begin delete who has been authorized to use
affidavits in lieu of personal testimony end delete may begin insert , to the extent permitted
under subdivision (d) of Section 585, end insert use affidavits in order to
comply with this section.