Default and Default Judgment in California: Getting One, Setting One Aside

Last updated: October 2026

In California, a defendant who does not respond to a complaint within the time allowed can have its default entered, followed by a default judgment for the amount demanded in the complaint. A defaulted party can ask the court to set the default aside, but the main route under Code of Civil Procedure section 473(b) closes six months after entry. Kolmogorov Law, P.C. handles both sides of defaults for businesses in Orange County, Los Angeles, and across California.

Call (909) 235-6116 or contact us online if you need to take a default or have just learned one was taken against you.

How a default happens

A defendant is served and does nothing. No answer, no demurrer, no motion. When the time specified in the summons runs out, the plaintiff applies to the clerk for entry of default with proof of service. (Code Civ. Proc., § 585.) From that point the defendant has lost the right to contest liability unless the default is set aside.

I see defaults for ordinary reasons: the papers went to a registered agent and sat in a mailbox, the owner assumed a California court could not reach an out-of-state company, or a lawyer was consulted but never retained. None of those is a defense. All of them are reasons to move quickly once the default is discovered.

For plaintiffs: getting the judgment

The route depends on the claim. In an action on a contract or for money only, where the defendant was served other than by publication, the clerk enters the default and then enters judgment for the principal amount demanded, with interest and costs. (Code Civ. Proc., § 585, subd. (a).) In other actions the clerk enters the default and the plaintiff then applies to the court, which hears the plaintiff's evidence and renders judgment for relief that appears just, not exceeding the amount stated in the complaint. (Code Civ. Proc., § 585, subd. (b).) That hearing is the default prove-up, usually done on declarations.

One rule shapes every default: if there is no answer, the relief cannot exceed what was demanded in the complaint or in a statement of damages. (Code Civ. Proc., § 580, subd. (a).) A complaint that asks for "damages according to proof" without a number supports no money judgment on default. We draft complaints with that rule in mind, and we check it before we apply for any default.

Attorney fees on a default are available only where a contract or statute provides for them, and either by court schedule or by application to the court. (Code Civ. Proc., § 585, subd. (a).) The current text of section 585 sunsets on January 1, 2027, and the successor version operative that day carries the same default procedure forward; the relief sections discussed below, sections 473 and 473.5, are on the same schedule. Our judgment calculator estimates interest on a California judgment.

For defendants: setting a default aside

The common route is section 473(b). The court may relieve a party from a judgment, dismissal, order, or other proceeding taken through the party's mistake, inadvertence, surprise, or excusable neglect. The application must be accompanied by a copy of the proposed answer or other pleading, and must be made within a reasonable time, in no case more than six months after the default or judgment was taken. (Code Civ. Proc., § 473, subd. (b).)

Where the default was the lawyer's fault, relief is mandatory. The application must be made within six months of entry of judgment, in proper form, with the attorney's sworn affidavit attesting to the attorney's mistake, inadvertence, surprise, or neglect. If it is, the court must vacate the resulting default or default judgment. The one exception is a finding that the attorney's error did not in fact cause the default. (Code Civ. Proc., § 473, subd. (b).) The court then directs the attorney to pay reasonable compensatory fees and costs to the other side.

A separate route exists when service never gave the defendant actual notice in time to defend. That motion must be filed within a reasonable time. The outer limit is the earlier of two years after entry of the default judgment or 180 days after service of written notice that the default or judgment was entered. (Code Civ. Proc., § 473.5, subd. (a).) As of this writing the section carries a January 1, 2027 sunset with a successor version scheduled, so the exact terms should be checked at the time of filing.

Outside those statutes, a court retains power to set aside a judgment obtained through extrinsic fraud or mistake, but that is a harder showing and a last resort.

What "excusable neglect" means in practice

Judges apply section 473(b) liberally, but not to anyone. A business that received the summons, put it in a drawer, and decided to deal with it later has a hard case. A business whose registered agent never forwarded the papers, or whose owner was hospitalized during the response period, has a good one. The motion is decided on declarations, and the proposed answer must accompany it, so the defense has to be ready on the day the motion is filed.

Speed matters as much as the story. "Reasonable time" is measured from when the defaulted party learned of the default, and a defendant who waits months after learning of it may lose even inside the six-month window.

Where these motions are heard

Default prove-ups and motions to set aside are heard in the department assigned to the case. For Orange County that is the Central Justice Center in Santa Ana. For Los Angeles it is the Stanley Mosk Courthouse or the district courthouse where the case was filed. Out-of-state defendants who want to challenge jurisdiction along with the default should read our page on the motion to quash, because the two motions can be combined without making a general appearance.

What to bring to the first meeting

For a plaintiff: the complaint, proof of service, the contract, and an account of the amount due with interest. For a defendant: everything you received and when, the envelope, any notice of entry of default or judgment, the reason the response was missed, and the facts of your defense. The proposed answer has to be drafted before the motion goes in.

Frequently asked questions

How long does a defendant have before a default can be entered in California?

The time stated in the summons, usually 30 days after service is complete. Once that passes without a response, the plaintiff may apply for entry of default. (Code Civ. Proc., § 585.)

Can a default judgment be for more than the complaint asked for?

No. With no answer on file, relief cannot exceed what was demanded in the complaint or a statement of damages. (Code Civ. Proc., § 580, subd. (a).)

How long do I have to set aside a default in California?

Under section 473(b), a reasonable time and no more than six months after the default or judgment. (Code Civ. Proc., § 473, subd. (b).) If you never received actual notice in time to defend, section 473.5 allows up to two years after a default judgment or 180 days after written notice of it, whichever is earlier. (Code Civ. Proc., § 473.5, subd. (a).)

My lawyer missed the deadline. Can the default be vacated?

Usually yes, if the motion is filed within six months of the judgment with the attorney's sworn affidavit of fault. Relief is mandatory in that situation unless the court finds the attorney's error did not cause the default. (Code Civ. Proc., § 473, subd. (b).)

What happens after a default judgment is entered?

The judgment creditor can enforce it like any other judgment: bank levies, wage garnishment, liens, and a debtor examination. See our judgment enforcement page. A defendant who intends to challenge the judgment should move before enforcement begins.

Talk to a California business litigation attorney

Whether you are the plaintiff with a defendant who never answered or the business that just learned of a default, call (909) 235-6116 or contact us online. Kolmogorov Law, P.C. is at 327 Magnet, Irvine, CA 92618, and represents businesses in Orange County, Los Angeles, and throughout California. See also the first 30 days guide and the deadlines guide.

This page provides general information about California law and is not legal advice. Outcomes depend on the service history, the timing, and the court.