BILL NUMBER: SB 702	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 14, 2013

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  , as specified  .
   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  subdivision (a) of  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. 
   (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) 
    (3)  The amount of money or damages sought  and the
basis therefor  . 
   (5) 
    (4)  The amount of costs, if any, sought and the basis
therefor. 
   (6) 
    (5)  The amount of attorney's fees, if any, sought and
the basis therefor. 
   (7) 
    (6)  A proof of service of summons for each party to be
included in the default judgment. 
   (8) 
   (7)  A request to enter default, if not already filed,
pursuant to Rule 3.1800 of the California Rules of Court. 
   (9) 
    (8)  A proposed form of judgment. 
   (10) 
    (9)  Any other information  or documentation 
required by the court  or under any other provision of law 
.
   (b) A party seeking the entry of a default judgment pursuant to
subdivision  (d)   (a)  of Section 585
 who has been authorized to use affidavits in lieu of
personal testimony  may  , to the extent permitt 
 ed under subdivision (d) of Section 585,  use affidavits in
order to comply with this section.