Division 18. Judgments · Last amended 2018 · Last verified July 29, 2026
In one sentenceRule 3.1800 lists the documents a party must file to obtain a default judgment based on declarations, including proof of nonmilitary status, a proposed judgment, and any request for costs or attorney’s fees, and lets a court set its own local fee schedule for default cases.
(a)Documents to be submitted A party seeking a default judgment on declarations must use mandatory Request for Entry of Default (Application to Enter Default) (form CIV-100), unless the action is subject to the Fair Debt Buying Practices Act, Civil Code section 1788.50 et seq., in which case the party must use mandatory Request for Entry of Default (Fair Debt Buying Practices Act) (form CIV-105). In an unlawful detainer case, a party may, in addition, use optional Declaration for Default Judgment by Court (form UD-116) when seeking a court judgment based on declarations. The following must be included in the documents filed with the clerk:
(1)Except in unlawful detainer cases, a brief summary of the case identifying the parties and the nature of plaintiff’s claim;
(2)Declarations or other admissible evidence in support of the judgment requested;
(3)Interest computations as necessary;
(4)A memorandum of costs and disbursements;
(5)A declaration of nonmilitary status for each defendant against whom judgment is sought;
(6)A proposed form of judgment;
(7)A dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment;
(8)Exhibits as necessary; and
(9)A request for attorney fees if allowed by statute or by the agreement of the parties. (Subd (a) amended effective January 1, 2018; previously amended effective January 1, 2005, January 1, 2007, and July 1, 2007.)
(b)Fee schedule A court may by local rule establish a schedule of attorney’s fees to be used by that court in determining the reasonable amount of attorney’s fees to be allowed in the case of a default judgment. (Subd (b) amended effective January 1, 2007.)
Plain-English Summary
A default judgment lets a plaintiff win without a trial, because the defendant never answered. That shortcut still needs a paper record showing the plaintiff is entitled to what is asked for, and Rule 3.1800 spells out what belongs in that record. Declarations or other admissible evidence have to support the judgment requested, interest has to be computed where it applies, and a memorandum of costs has to accompany the request. A brief summary identifying the parties and the nature of the claim rounds out the package in most cases, though unlawful detainer proceedings skip that summary.
Two items guard against judgments entered by mistake or against the wrong scope of defendants. A declaration of nonmilitary status is required for every defendant against whom judgment is sought, reflecting the federal protection against default judgments entered against servicemembers who have not had a fair chance to respond. And where the plaintiff is not seeking judgment against every named defendant, the filing has to either dismiss the remaining parties or apply for a separate judgment against only some defendants, backed by a showing of grounds for treating them differently.
Rule 3.1800 also leaves room for local variation on one point: attorney’s fees. A court may adopt its own local schedule for figuring what counts as a reasonable fee in a default case, giving courts a consistent benchmark rather than evaluating each fee request from scratch.
Frequently Asked Questions
What documents are required for a default judgment based on declarations in California?
Declarations or other admissible evidence supporting the judgment, interest computations, a memorandum of costs, a declaration of nonmilitary status for each defendant, a proposed judgment, and other items listed in Rule 3.1800(a).
What form is used to request a default judgment in California?
Request for Entry of Default (Application to Enter Default), form CIV-100, unless the case falls under the Fair Debt Buying Practices Act, which uses form CIV-105 instead.
What happens if the plaintiff is not seeking judgment against every defendant?
The filing must either dismiss the remaining defendants or apply for a separate judgment against specific defendants under Code of Civil Procedure section 579, supported by a showing of grounds, under Rule 3.1800(a)(7).
Can a California court set its own standard for attorney’s fees in default cases?
Yes. Rule 3.1800(b) lets a court adopt a local schedule of attorney’s fees to determine what is reasonable in a default judgment case.
Amendment History
Rule 3.1800 amended effective January 1, 2018; adopted as rule 388 effective July 1, 2000; previously amended effective January 1, 2005, and July 1, 2007; previously amended and renumbered effective January 1, 2007.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as:documents needed for default judgment CaliforniaCIV-100 default judgment packagedeclaration of nonmilitary status default judgment