If a defendant fails to respond to a complaint within the required timeframe (typically 20–30 days, depending on jurisdiction), the court may enter a default judgment in favor of the plaintiff.
- Entry of Default: the plaintiff must first request the court clerk to formally note the defendant’s failure to respond.
- Default Judgment: If the claim is for a “sum certain”, the clerk may issue the judgment without a hearing. For non-monetary claims, the plaintiff must petition the court, often presenting evidence at a hearing.
Source: FRCP 55, Civil Procedure (Friedenthal, Kane & Miller), California Code of Civil Procedure
