SB 451

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.