Bills · 2011-2012 Regular Session
default judgments in certain civil claims, counterclaims, and cross claims.
- Introduced, stopped here
- Passes Assembly, not reached
- Passes Senate, not reached
- Governor signs, not reached
- Law, not reached
Unfamiliar terms? Glossary
What this bill does
Plain-language analysis by the nonpartisan Legislative Reference Bureau
Under current law, a plaintiff who files a civil lawsuit against a defendant may
obtain a default judgment against the defendant if, after being properly served with
the litigation papers, the defendant fails to respond properly and within the
appropriate time. When entering a default judgment against a defendant, the court
is required to determine that the defendant was properly served, that the court has
proper jurisdiction over the defendant, that the defendant did not join any issue of
law or fact, and that the time for joining an issue has expired. Upon making these
determinations and entering a default judgment against the defendant, the court
may require the plaintiff to submit proof of his or her damages and may award such
damages to the plaintiff.
Under current law, a defendant in a civil lawsuit may file a counterclaim
against the plaintiff and, under certain circumstances, a plaintiff or a defendant may
declare a cross claim against a coparty to a civil action.
Under this bill, a default judgment may be entered against a counterdefendant
or cross defendant in the same manner and upon the same showings as may be
entered against a defendant under current law.