Guidelines For Obtaining Default On UD {SFCIV-012}

Superior Court of California County of San Francisco GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS COURT JUDGMENT ­ UNLIMITED The following may be required: A proposed judgment not exceeding the amount prayed for in the complaint In personal injury and wrongful death actions, a judgment not exceeding the total on the statement described in CCP 425.11 (Request for Statement of Damages) and CCP 425.115 (Reservation of Right to Seek Punitive Damages) must be filed A Declaration setting forth facts showing that the defendant is not in military service. This declaration must be no older than six months (Service members Civil Relief Act, 50 USC Appen. 520) A Memorandum of Costs (CRC 3.1700; JC form # MC-010) The original written contract, if any, giving rise to the action, or a declaration regarding lost document. (CRC, Rule 3.1806) If the action is upon an open book account, an affidavit or declaration that no written contract exists (CCP Before Trial (Cont. Ed. Bar) § 56.41 A computation of any interest, including the date of accrual and the rate of interest A copy of any notice sent to defendant in accordance with CCP 1033(b)(2), if applicable A dismissal of all unnamed defendants, including DOES The ledger or most recent invoice showing amounts due Parties must also consult the Judgment Checklists by going to the website: http://www.sfsuperiorcourt.org/forms-filing/forms for further guidance on the requirements for obtaining judgments in Civil proceedings. GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS Page 1 of 5 CK-11 American LegalNet, Inc. www.FormsWorkFlow.com CLERK'S JUDGMENT The following must be submitted: Proposed Judgment not exceeding the amount of the prayer Declaration setting forth facts showing that the defendant is not in military service. This Declaration must be older than six (6) months (Service members Civil Relief Act, 50 USC. 520) Memorandum of Costs (CRC 3.1700; JC # MC-010) A computation of any interest, including the date of accrual and the rate of interest Original written contract, if any, giving rise to the action, or a Declaration regarding lost document. CRC, Rule 3.1806) Copy of any notice sent to defendant in accordance with CCP 1033(b)(2), if applicable Dismissal without prejudice or a written waiver of any causes other than those on which a clerk can enter Judgment pursuant to CCP 585(a) A dismissal of all unnamed defendants, including DOES If the action is upon an open book account, an Affidavit or Declaration that no written contract exists. (CCP Before Trial (Cont.Ed.Bar) § 56.41) On an open book account, plaintiff may obtain a clerk's entry of judgment provided that plaintiff submits one of the following: 1. A verified complaint ; 2. A declaration setting forth figures from which the clerk may perform a simple computation to obtain the amount of the judgment; or, 3. The Ledger or most recent invoice showing amounts due, from which the clerk can perform a simple calculation to compute judgment Parties must also consult the Judgment Checklists by going to the website: http://www.sfsuperiorcourt.org/forms-filing/forms for further guidance on the requirements for obtaining judgments in civil proceedings. CHECKLIST FOR COURT OR CLERK JUDGMENT All items must be checked or indicate "N/A" that the item is not applicable to your case Submit Original Proof of Summons for all defendants (JC form # POS-010) a. Defendant's name, including AKA, must match names on complaint Yes No b. Name and title of the person authorized to accept service on behalf of a business entity must be indicated on the proof of service Yes No c. Declaration of Due Diligence for substituted service must comply with SFSF Local Rules Yes No d. A Statement of Damages must be served on all defendants in personal injury/wrongful death cases Yes No GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS Page 2 of 5 CK-11 American LegalNet, Inc. www.FormsWorkFlow.com  Submit a Request for Dismissal of "Doe" Defendants, if "Doe" Defendants are listed on complaint ­ (JC form # CIV-110) Submit Request for Entry of Default/Application for Default Court Judgment ­ (JC form # CIV-100) a. Time to answer must have expired before Default can be entered Yes No b. Names of plaintiff and defendant, including any AKA's must match the names on the complaint Yes No c. The Declaration of Mailing must be complete Yes No d. The Declaration of Military Status must be dated within six months of filing the Default Judgment Yes No e. All defendants named on the Judgment must be defaulted before judgment can be entered Yes No f. All defendants NOT named on the Judgment must be dismissed Yes No Submit a Memorandum of Costs ­ (JC form # MC-010 or CIV-100) a. Evidence must be submitted to support all fees and costs as requested, including service by publication fees Yes No b. Service fees for dismissed defendants cannot be included Yes No c. If the amount of damages is within jurisdictional limits of the Small Claims court, a notice pursuant to CCP 1033 is required. This notice will be satisfied by a Declaration stating that a demand was mailed to the defendant(s) notifying defendants that they are liable for court costs Yes No Interest claimed on the Judgment a. If interest is included on the judgment, a declaration must be submitted indicating the rate of interest, both beginning and end dates used in the calculation, and total amount requested Yes No b. If the interest rate is higher than the legal rate, the contract or disclosure statement must allow for interest in excess of the legal rate Yes No Attorney Fees claimed on the judgment a. Attorney fees claimed must comply with SFSF Local Rule Yes No b. If attorney fees are based on written agreement, the contract or disclosure statement must allow for the fees Yes No c. If attorney fees are allowed by a specific statute, such as CC 1717, et se., this must be specified in a separate declaration or specified in the prayer of the complaint Yes No If judgment based on Open Book Account a. Submit a declaration that states: "No written agreement exists" Yes No b. Late fees are not allowed Yes No GUIDELINES FOR PROCESSING DEFAULT JUDGMENTS Page 3 of 5 CK-11 American LegalNet, Inc. www.FormsWorkFlow.com  If judgment is based on a Written Agreement a. If the written agreement is a negotiable instrument ( check or promissory note), the original document must be submitted to the court Yes No b. A waiver of security interest must be submitted