California

Family Law

Family Law

Rule 5.401 – Default

(a) Entry of default

Upon proper application of the petitioner, the clerk must enter a default if the respondent or defendant fails within the time permitted to:

(1) Make an appearance as stated in rule 5.62;
(2) File a notice of motion to quash service of summons under section 418.10 of the Code of Civil Procedure; or
(3) File a petition for writ of mandate under section 418.10 of the Code of Civil Procedure.
(b) Proof of facts

(1) The petitioner may apply to the court for the relief sought in the petition at the time default is entered. The court must require proof to be made of the facts stated in the petition and may enter its judgment based on that proof.
(2) The court may permit the use of a completed Income and Expense Declaration (form FL-150) or Financial Statement (Simplified) (form FL-155) and Property Declaration (form FL-160) for all or any part of the proof required or permitted to be offered on any issue to which they are relevant.
(c) Disposition of all matters required

A judgment based on a default must include disposition of all matters subject to the court’s jurisdiction for which a party seeks adjudication or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time.

Cal. R. Ct. 5.401

Rule 5.401 adopted effective January 1, 2013.